You have had a call, a letter or a knock at the door asking you to attend an interview under caution. You have not been arrested. Nobody has taken you anywhere. It has probably been described as an opportunity to give your side of the story.
Here is what you need to understand before you go.
An interview under caution is a formal criminal investigation procedure. It is recorded. It can be used in evidence against you. It carries exactly the same weight as an interview after arrest.
The word "voluntary" describes how you attend. It does not describe how serious it is.
Why you are being invited rather than arrested
This is usually a good sign, not a bad one.
Arrest requires reasonable grounds to suspect an offence and that arrest is necessary — to establish identity, prevent harm, or allow prompt investigation. Where the police can achieve the same by inviting you in, arrest is not necessary and would be unlawful.
So a voluntary interview often means the police do not consider arrest justified. It does not mean the matter is minor, and it does not mean no charge will follow.
The practical advantages to you are real: no arrest on your record, no time in a cell, and you can attend at an arranged time with a solicitor already instructed.
The caution, explained
You will be cautioned before questioning begins:
"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."
You do not have to say anything. Your right to silence is real and you cannot be compelled to answer.
But it may harm your defence... This is the part that matters. Under section 34 of the Criminal Justice and Public Order Act 1994, if you stay silent and later rely on something at trial that you could reasonably have mentioned, the court may draw an adverse inference. Sections 36 and 37 allow inferences from failing to account for objects, substances, marks, or your presence somewhere.
Anything you do say may be given in evidence. Not just formal answers — anything you say at the station, including in the corridor.
The tension is deliberate. Silence carries a risk. Speaking carries a risk. Which risk is worse depends entirely on what the police have, and you cannot assess that without knowing what they have disclosed.
Why people damage their own cases
Almost everyone who attends a voluntary interview without advice believes they can explain the situation and end it. Some can. Many make things considerably worse, in predictable ways.
Guessing at detail. Asked what time something happened three months ago, people estimate rather than saying they cannot recall. If CCTV shows a different time, you now look untruthful about something you were merely wrong about.
Explaining too much. Offering context that introduces facts the police did not have and could not have proved.
Trying to be helpful about other people. Volunteering information that implicates someone else, or that establishes an element of the offence.
Being inconsistent. Under pressure, over two hours, people contradict themselves on small things. Inconsistency is used to attack credibility.
Accepting a proposition to move things along. Interview questions sometimes contain assumptions. Agreeing with the general thrust can amount to accepting a specific element you did not intend to accept.
Denying something provably true. A single provable lie about something minor can undermine an otherwise honest account entirely.
None of this reflects badly on anyone. It reflects the fact that police interviews are a specialised process conducted by trained officers, and the person on the other side has usually never done it before.
What we do before you attend
Contact the officer. We find out what the allegation is, when the alleged offence occurred, and what evidence exists. Officers are frequently less forthcoming with suspects than with solicitors.
Obtain disclosure. Before any interview, we are entitled to sufficient information about the case to advise you properly. If disclosure is inadequate, that itself informs the advice — and can justify a no comment interview.
Take your account in full, in privileged conditions, without time pressure.
Advise on approach. Answer questions, give a prepared statement, or answer no comment — with the reasoning explained so you understand it.
Prepare a written statement where that is the right route.
Attend with you and intervene where questioning is improper.
Your three options
Answer questions
Appropriate where your account is clear, consistent, supported, and disclosure is sufficient to be confident there is no trap.
Give a prepared statement, then no comment
Frequently the strongest option. Your account goes on record in writing — protecting against an adverse inference — without exposing you to two hours of questioning on evidence you have not seen.
No comment
Appropriate where disclosure is inadequate, where the allegation is unclear, where you are unwell or cannot properly recall, or where the evidence is so thin that saying anything only assists the investigation.
The risk is an adverse inference. That risk is significantly reduced where you were advised to remain silent and the reason is recorded — which is another reason to have a solicitor present.
Practical points
You can leave at any time. You are not detained. In practice, leaving mid-interview may prompt arrest if the officer then considers it necessary, so discuss it with your solicitor first.
You can rearrange. If the date does not suit or you need time to instruct a solicitor, say so. A reasonable request to move an interview is normally accommodated.
Bring nothing you do not need. Do not bring documents or your phone unless your solicitor has advised it.
Do not discuss it with anyone involved. Contacting a complainant or witness can amount to a separate offence.
Write down your recollection now, before the interview, while it is fresh — and give it to your solicitor, not to the police.
What happens afterwards
No further action. The investigation closes. Records of the arrest or interview may still be retained.
Released under investigation. Enquiries continue with no time limit. This is common and can last many months. We chase for updates.
Out-of-court disposal. A caution or community resolution. Take advice before accepting — a caution requires an admission of guilt and appears on your record.
Charge or postal requisition. You will be given a court date.
Fees
Advice and representation at a voluntary interview under caution is free under the legal aid scheme, regardless of income.
| Service | Fee | VAT | Total |
|---|---|---|---|
| Pre-interview advice and disclosure | Fixed Fee — please contact us for a quote | Fixed Fee — please contact us for a quote | Fixed Fee — please contact us for a quote |
| Attendance at voluntary interview | Fixed Fee — please contact us for a quote | Fixed Fee — please contact us for a quote | Fixed Fee — please contact us for a quote |
| Preparation of written statement | Fixed Fee — please contact us for a quote | Fixed Fee — please contact us for a quote | Fixed Fee — please contact us for a quote |
Frequently asked questions
Do I have to attend? No. It is voluntary. But refusing may lead the police to arrest you instead, which is worse. The better route is almost always to attend with a solicitor.
Can I take a solicitor to a voluntary interview? Yes, and you should. The entitlement to legal advice applies whether or not you have been arrested.
Is it free?
Does attending mean I will be charged? No. Many voluntary interviews result in no further action. It means the police are investigating and want your account.
What if I have already been interviewed without a solicitor? Get advice now. What was said cannot be unsaid, but a great deal can still be done — clarifying your position, making representations to the officer or the CPS, and preparing properly for what follows.
Will this appear on a DBS check? An interview alone would not normally appear on a basic or standard check. In limited circumstances, information about an investigation can be disclosed on an enhanced check. We can advise on your position.
How long will the interview take? Typically 30 minutes to two hours, depending on the allegation. Allow longer for pre-interview disclosure and consultation with your solicitor.
Can I bring someone with me? A solicitor, yes. If you are under 18 or a vulnerable adult, an appropriate adult must attend. Otherwise friends and family wait outside.
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