Beware, don’t underestimate a voluntary police interview
Being suspected of an offence is undeniably challenging, especially if you have no prior experience defending yourself against criminal allegations. Many of my clients who are of good character have understandably never considered the possibility of being investigated for, let alone accused of an offence. This seems to stem from the “no smoke without fire” mentality. However, anyone can be accused of having committed a crime at any time.
Individuals often first learn that they are under investigation when they are either arrested or invited to a voluntary police interview. In this article, I will focus on voluntary interviews, also known as caution plus 3 interviews, as in my experience, individuals invited to attend voluntary interviews are less likely to realise that they need legal support than those interviewed in detention following arrest.
Is a voluntary police interview serious?
Unlike an arrest, a voluntary interview allows you to express preferences regarding the scheduling of the interview and it should be made clear from the outset that as you are attending voluntarily you are free to leave at any time. This apparent flexibility can make a voluntary interview feel less intimidating and more informal than an interview in detention. However, from a defence perspective, it is concerning that individuals of good character, quite often professionals, occasionally perceive the comparative informality of a voluntary interview as meaning that it is less serious.
This misconception should be quickly dispelled by your legal representative. However, unfortunately, due to this perceived informality, some individuals do not consider it necessary to instruct legal representatives. The temptation to believe the matter is all a simple misunderstanding which can be easily explained away is understandable, as is the worry that involving lawyers will increase the seriousness of the situation, but in my view this mindset is dangerous.
Voluntary interviews are conducted under caution. This means that whilst you have a right to remain silent, if you do not provide an account and are later charged with an offence, an adverse inference can be drawn, meaning your account can be treated as less credible at court. It is also important to note that voluntary interviews are recorded, and the recording can be used as evidence in any future proceedings.
It is important to remember that even if you are attending your interview voluntarily, you have the right to legal advice. Importantly, this right does not cease during the interview. If you exercise your right to legal advice, your legal representative will attend the interview with you, and you can pause the interview at any time to speak to them in private. Your legal representative’s role is to protect your best interests during the investigation process and any subsequent proceedings. I would therefore encourage you to utilise such support at the earliest opportunity as an interview is often a pivotal moment in your defence. Whilst an interview presents an opportunity to put your account across with a view to reducing the risk of prosecution, it can also tie you to an account which may prove to be unhelpful as your case develops. An interview, voluntary or otherwise, is therefore undeniably serious.
Do I have to attend a voluntary police interview?
Whilst you could decline an invitation to attend a voluntary interview it is often in your best interests to attend. Refusal to attend a voluntary interview, or leaving during it, could lead to the police exercising their power of arrest in order to conduct the interview.
The prospect of being interviewed by the police can be understandably daunting. Nevertheless, an interview can be seen as an opportunity to not only learn more about the nature of the investigation but also to advance any defence you may have. A voluntary interview has the benefit of being more flexible than an interview following arrest in large part because you are often able to obtain disclosure in advance of your attendance. This enables your legal representative to take your instructions and advise you on the approach to take in interview in a less pressurised environment than police custody.
Given the potentially crucial impact of an interview on your defence case, it is important to take advantage of the opportunity to attend voluntarily by instructing solicitors to advise and support you from the outset. Legal representation not only helps ensure that your rights are protected but also assists in enabling you to navigate this early but pivotal stage in the criminal justice process in a way that considers your overall defence strategy. This ensures that if you are ultimately prosecuted you are better prepared and supported to successfully defend yourself. Your legal representative can also advise you about the potential impact of the allegations and the police interview on your professional position – your employment/contractual position, professional registration (GMC, GDC, CQC etc), disclosure requirements, etc.
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Hannah Cheesebrough is a solicitor in our regulatory and crime team. If you have any questions or concerns relating to the topics covered in this article, or if you need legal advice, contact us today.