What Will Happen After I’ve Been Interviewed by the Police?

There are different outcomes for what may happen after someone has been interviewed by the police.

When someone has been arrested and interviewed at the police station, the police must make a decision as to what happens next within a required time frame. For the majority of cases this is normally within 24 hours of a detainee arriving at the police station.  

After the interview has taken place, the police will confirm what they intend to do next.

Outcomes

The possible outcomes are set out below.

Charge

Following a voluntary interview, the police may decide to charge the person with an offence. They may send a ‘postal charge requisition’ to their home address or charge them at the police station and provide them with a charge sheet confirming a date and time on which they will need to attend the magistrates’ court.

Alternatively, if someone has been arrested, the police may hold them in custody to appear before the magistrates’ court at the first opportunity (usually the following morning). In these circumstances, a solicitor can make representations as to why the person should be granted bail.

Bail to return

The police may decide to release an induvial on bail but require them to return to a police station at a later date and time. The police may impose bail conditions, such as not to contact the complainant, or not to enter a specified area, which need to be adhered to. It is important to note if someone does not attend when required, or does not follow to the conditions imposed, they can be arrested for breaching police bail. If the conditions cause an issue or are unnecessary, a solicitor can make representations about this to the police.  The police must continue their investigation and can only extend bail for a specified time before having to come to a decision.

Further interview

The police may decide they wish to conduct a second interview. Any person interviewed under caution is entitled to free legal representation and advice.

Release under investigation

The police may release someone under investigation. This means the individual will be released from custody and the police will continue their investigation and look into any relevant lines of enquiry. Whilst an individual released under investigation, they are not subject to any conditions and are not required to go back to the police station; there is no time frame by which the police have to make a decision as to whether to charge the individual or not, meaning someone can remain released under investigation for a long period of time.

Caution / Conditional caution

In some cases, for less serious offences, if a person makes an admission accepting an offence, the police can offer to deal with the matter by way of a caution. This can either be conditional or unconditional. If conditions are imposed (such as not to hang around a certain area) and these are not complied with, the individual can be arrested. The advantage of a caution is that the matter does not go to court, and it is not the same as a conviction and therefore will not show on a criminal record or a standard DBS check. However, a caution will be visible on the Police National Computer system and to the courts should the individual become known to the police in the future.

No further action

Lastly, the police may decide to take no further action if there is not enough evidence for a charge or it is not in the public interest to continue the case. However, it is important to be aware the police may decide to re-open their investigation should new information come to light, or a further allegation be made.

The likely outcome will depend on the circumstances of each case and the nature of the alleged offence. The representative who attends the police station for interview will be best placed to advise on the likely outcome and how the police intend to proceed.

If you have been interviewed, or are due to attend for an interview contact our Police Station Team for advice.