Being contacted by the police can be intimidating, and many people are unsure whether they should answer questions without legal representation. It often happens unexpectedly, leaving little time to think through the consequences. Knowing your rights and the risks involved is essential before deciding how to respond.
Your Right to Legal Advice
If the police want to speak to you, you have a clear and fundamental right to legal advice. This applies whether you are under arrest, attending a voluntary interview, or being questioned at a police station. You are entitled to speak to a solicitor before any interview takes place and to have them present while you are questioned. This right is free at the police station and should always be exercised.
This right exists to protect you. Police interviews are designed to gather evidence, and even innocent explanations can be misunderstood, taken out of context, or later relied upon by the prosecution in a way you did not anticipate.
Should you Ever Speak Without a Lawyer?
In most circumstances, the answer is no. Speaking to the police without a solicitor carries significant risk. You may believe that cooperating fully will help clear matters up quickly, but this is not always the case. Police officers are trained interviewers, and the process is not simply a conversation. Once something is said, it cannot be unsaid, and answers given without proper advice can seriously undermine your position.
A solicitor will assess the allegation, review any available evidence, and advise you on whether it is in your best interests to answer questions, provide a prepared statement, or remain silent. This advice is tailored to your specific situation and can make a crucial difference to the outcome, both immediately and later in the case.
What About Voluntary Interviews?
People are often told that a voluntary interview means they are not in trouble or that arrest will be avoided by attending. This can be misleading. A voluntary interview is still a formal police interview under caution, and anything you say can be used in evidence. The same rules apply, and you should not attend or answer questions without first obtaining legal advice.
Attending with a solicitor does not make you look guilty. It shows that you understand your rights, are taking the matter seriously, and want to ensure the process is handled properly from the outset.
The Risks of Informal Conversations
It is also important to be cautious about informal conversations with the police. Comments made before, during, or after an interview can still be recorded and relied upon. Casual remarks, attempts to explain yourself, or off the record chats can all become part of the evidence. You should avoid discussing the matter with officers unless your solicitor is present and advising you.
Why Early Legal Advice Matters
Early legal advice can prevent mistakes that are difficult to correct later. A solicitor will ensure that the interview is conducted fairly, challenge improper questioning, and protect you from making unnecessary admissions. Even if no charge is brought immediately, what happens at the police station can shape the entire case.
How Can We Help?
We have over 30 years’ experience of criminal defence work. By staying on top of changes in legislation and case law, we provide our clients with the best possible representation. If you would like to discuss any aspect of your case, please contact Tarsem Salhan on 0121 605 6000 or at tsalhan@salhan.co.uk.