Being asked to attend a voluntary police interview can come out of the blue. It might be a phone call, a letter or a card through the door asking you to come to the police station at a set time. You have not been arrested, so it is easy to assume it is nothing to worry about.
That would be a mistake. A voluntary police interview, often called a voluntary interview under caution, is a formal interview with someone the police suspect of an offence. What you say, and what you choose not to say, can be used as evidence and can shape what happens next.
At CJCH Solicitors, our criminal defence team brings decades of experience to representing people at police interviews, with offices in Cardiff, Barry, Bridgend, Blackwood, Caerphilly and Swansea. Our clients rate us 4.9 stars on Trustpilot.
In this guide, we explain what this type of interview involves, your right to free and independent legal advice, why you should not attend alone, what information the police give your solicitor beforehand, and the possible outcomes after the interview.
This article is general information about the law in England and Wales. It is not legal advice and should not be relied on as a substitute for advice about your own circumstances.
What Is a Voluntary Police Interview?
A voluntary police interview takes place when the police want to question you about a suspected offence but have not arrested you. It usually happens at a police station, although it can take place at another agreed location.
Because you are not under arrest, you are free to leave at any time. PACE Code C, the code of practice governing how police question suspects, states that a person attending voluntarily may leave at will unless they are arrested. If you do leave, the police may decide to arrest you, so this is a decision to take with your solicitor’s advice.
Before you are asked any questions about the suspected offence, you will be cautioned. The caution is:
“You do not have to say anything. But it may harm your defence if you do not mention, when questioned, something you later rely on in court. Anything you do say may be given in evidence.”
In plain terms, this means:
- You have the right to stay silent.
- If you stay silent and later rely on something in court that you could reasonably have mentioned in the interview, the court may be allowed to draw an adverse inference from your silence.
- Everything you say is recorded and may be used as evidence.
The word “voluntary” describes how you came to be at the interview, not how serious it is. Your answers in a voluntary interview under caution can be used as evidence in the same way as answers given after an arrest, and they can directly affect the outcome of the investigation.
At the start, the police must tell you that you are not under arrest, that you are free to leave and that you are entitled to free legal advice. If you are under 18 or vulnerable, an appropriate adult must also be present.
You Are Entitled to Free and Independent Legal Advice
Anyone attending a voluntary police interview as a suspect is entitled to free and independent legal advice. This right is set out in PACE Code C, and the police must tell you about it before the interview begins. It does not depend on your income.
You can ask for a particular firm by name, such as CJCH Solicitors. If you ask for legal advice, the police contact the Defence Solicitor Call Centre, which passes the request to your chosen solicitor or, if you do not have one, to the duty solicitor. Once you have asked for advice, the interview should not proceed until you have received it, except in limited circumstances.
Police do not carry out interviews under caution alone. Where another investigating agency invites you to an interview under caution and Legal Aid is not available, CJCH Solicitors also offers privately funded representation. This sits alongside your right to free advice at a police interview; it does not replace it.
To find out more about how we can help, visit our criminal defence solicitors page or read our guide to Legal Aid eligibility.
Why You Should Not Attend a Voluntary Interview Without a Solicitor
Many people attend a voluntary interview alone because they feel they have nothing to hide, or they want to “just explain” and get it over with. It is an understandable instinct, but it carries real risks.
A police interview room is an unfamiliar, high-pressure environment. You will not know what evidence the police already hold, and it can be very hard to judge what to say. A comment that seems harmless can be misunderstood, taken out of context or later found to be incomplete.
A voluntary interview solicitor will:
- Obtain information from the police about the allegation before the interview.
- Discuss the case with you in private beforehand.
- Advise whether you should answer questions, provide a prepared statement or exercise your right to silence, depending on your circumstances.
- Attend the interview with you and step in if questions are unfair, unclear or go beyond what is appropriate.
- Make sure your rights are protected throughout.
Each approach has consequences, and the right one depends on the facts of your case. Our police station representation team can talk you through your options before you say anything to the police.
What Disclosure Do the Police Give to Your Solicitor?
Before the interview, your solicitor will usually speak to the officer in the case. This is often called pre-interview disclosure.
Under PACE Code C, you and your solicitor must be given enough information to understand the nature of the offence you are suspected of and why you are suspected of committing it. The police are not required to reveal all their evidence at this stage, and they may withhold information if they believe sharing it could prejudice the investigation.
The amount of disclosure varies by case. Your solicitor will use what is provided to:
- Understand exactly what is being alleged.
- Identify gaps or weaknesses in the information the police have shared.
- Decide with you on the most appropriate approach to the interview.
If the police provide very little information, that can be an important factor in the advice your solicitor gives you.
What Happens After a Voluntary Police Interview?
Every case is assessed on its own facts, and no solicitor can promise a particular result. Once the interview under caution is over, the possible outcomes include:
- No Further Action (NFA). The police decide not to take the matter any further.
- Remaining under investigation. The case stays open while the police make further enquiries. As you have not been arrested, you will not normally be on police bail, but the investigation can continue for some time.
- Charge. The police or the Crown Prosecution Service decide to prosecute you. If you have not been arrested, this is often done by a written charge and requisition sent to you, requiring you to attend the magistrates’ court.
- Caution. An out-of-court disposal, either a simple caution or a conditional caution. A caution can only be given if you admit the offence and agree to accept it. It is not a conviction, but it is recorded and may appear on some criminal record checks.
Deciding whether to accept a caution is a significant choice with long-term consequences. Always seek legal advice before agreeing to one. Your solicitor’s role is to advise you and advocate for you at every stage.
Your Next Step: Speak to a Solicitor Before Your Interview
If you have been invited to a voluntary police interview, getting legal advice early protects your rights, helps you understand what the police are alleging and prepares you for every possible outcome.
CJCH Solicitors provides free and independent legal advice for police interviews, as well as privately funded representation for interviews under caution by other agencies where Legal Aid is not available. If you are looking for a police interview solicitor in Cardiff, Barry, Bridgend, Blackwood, Caerphilly or Swansea, our experienced criminal defence team is here to help. With a 4.9-star Trustpilot rating and decades of criminal law experience, we offer clear, practical advice when you need it most.
Contact our criminal defence team before your interview on 0333 231 6405 or email crimedept@cjch.co.uk. For urgent police station matters, call our 24-hour emergency line on 07967 305949. You can also find details of our Cardiff office and our other locations on our website.
This article is general information and does not constitute legal advice. Please get in touch with us for advice about your own case.
Frequently Asked Questions
Do I need a solicitor for a voluntary police interview?
You are not legally required to have a solicitor, but it is strongly advisable. A solicitor can find out what the police allege, advise you on how to approach the interview, and protect your rights throughout. This advice is free.
Is a voluntary interview the same as being arrested?
No. At a voluntary interview, you are not under arrest, and you are free to leave. However, you will still be interviewed under caution, and what you say can be used as evidence in the same way as in an interview after arrest.
Can I get a free police interview solicitor in Cardiff?
Yes. Everyone attending a police interview as a suspect is entitled to free and independent legal advice, whatever their income. You can ask for CJCH Solicitors by name, and our team can represent you at police interviews in Cardiff and across South Wales.
