03.11.2026
Is a voluntary interview a casual chat or something to be taken seriously?
When there is no need to arrest, the police will invite an individual in for a voluntary interview under caution. Whether intentionally or not, the police can make you feel like there is nothing to worry about, and if you simply attend the interview, it will all be cleared up.
An interview under caution must always be taken seriously and never treated as a casual chat. It is a formal evidence gathering process and what you say can be used in evidence against you. To invite you in for an interview the police must have grounds for suspecting you have been involved in the commission of a criminal offence.
Why should I agree to attend a voluntary interview?
It is entirely your choice whether you wish to attend a voluntary interview or not. Likewise, you could attend and part way through the interview decide you no longer wish to engage. However, choosing not to attend does not mean that the police investigation will simply go away. If the police are unable to conduct their investigation by a voluntary interview, or you decide to leave during the interview, then they have the power to arrest to facilitate the interview.
What are the practical benefits of an interview taking place voluntarily?
There are many practical benefits to attending an interview voluntarily, including:
- Being able to agree a time and date which suits you for the interview to take place. This will minimise the impact on your personal life. It is also very important where there is a risk of reputational damage as the interview can take place discretely allowing you to dictate who becomes aware of the investigation.
- Being able to arrive at the police station with your solicitor and avoiding unnecessary hours of sitting in a police cell with the uncertainty of what is going on.
- Your solicitor can request disclosure from the police officer prior to you attending so you can understand what the allegations and the evidence is.
Should I answer questions in interview?
Whether an interview happens voluntarily or under arrest it will be conducted under caution.
The caution is set out in the Police and Criminal Evidence Act 1984 (PACE) Code C and states:
“You do not have to say anything. But, it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”
The three most common approaches in interview are:
- To answer all questions put to you by the officer;
- To reply “no comment” to all questions; or
- To provide a prepared statement setting out your defence and then reply “no comment” to all questions.
In a police interview under caution, you cannot be compelled to answer questions, but the Court may draw an inference if you fail to say something in interview which you later rely on in Court. The decision regarding your approach in interview will be a careful assessment of the disclosure provided by the police and the strength of the evidence. This will be considered against your instructions and the availability of a defence. Each case must be assessed on its own merits and continually reviewed as the investigation progresses.
The interview under caution is tactically one of the most important parts of any case, and ensuring the correct approach is taken can be the difference of whether you are charged and whether the criminal investigation becomes public.
What happens after a voluntary interview?
It is uncommon for the police to make an immediate decision after the interview. They normally still need to continue collecting evidence, consider any lines of enquiry which you have raised in your interview and obtain a charging decision from the Crown Prosecution Service (CPS).
After a voluntary interview under caution, you can be:
- released under investigation (RUI) whilst the police investigation continues;
- informed the matter has been concluded and the police will be taking no further action (NFA);
- formally charged with a criminal offence; or
- offered an out of Court disposal if one is available (such as a caution).
Can the police impose bail conditions on me?
The police are unable to impose bail conditions if you have attended the interview on a voluntary basis. They could only impose bail conditions if you were formally arrested or charged as part of the process.
Can the police take my biometrics?
The police cannot force you to provide your fingerprints, DNA or photographs when attending voluntarily. Attending voluntarily, therefore, avoids your data being stored on the police database even in circumstances where you are not charged with an offence.
Will the police investigation be flagged when I am travelling?
The police investigation will not be flagged when you are travelling unless you are formally arrested or charged.
Visa applications often ask whether you have ever been arrested. Therefore, avoiding arrest will negate issues arising with visa applications both now and in the future.
Are there any steps I should be taking after my interview?
Whilst the investigation is ongoing, it may be suitable for you to engage with the police providing further narrative, evidence or lines of enquiry, which will influence their investigation and avoid you being charged. This is often referred to as Pre-Charge Engagement.
To charge, the CPS must be satisfied that the Full Code test is met, which includes two stages; the evidential stage and the public interest stage. They must first be satisfied that there is admissible, reliable and credible evidence to provide a realistic prospect of conviction. Secondly, they must be satisfied it is in the public interest to prosecute the case. In most cases there will be merit in providing written representations to the CPS on either one or both stages seeking to persuade them not to charge.
Pre-charge engagement is a pro-active approach and can be very effective in ensuring that the CPS have all the relevant information before deciding an outcome, and therefore gives the best opportunity for a decision not to take any further action.
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