Being asked to attend a police station can be unsettling, particularly if it comes without warning. Many people are unsure whether they are required to go, or whether they have a choice. The answer depends on the circumstances, and understanding the difference is important.
Voluntary Attendance
In many cases, the police will invite you to attend the station for a voluntary interview. This means you are not under arrest and, in principle, you are not obliged to attend. However, this does not mean the matter is informal or unimportant. A voluntary interview is still conducted under caution, and anything you say can be used in evidence.
You are also entitled to leave the station at any time during a voluntary interview unless you are arrested. However, it is important to understand that the police may take your level of cooperation into account. Refusing to attend, or leaving early, may influence how they proceed.
Although attendance is described as voluntary, refusing to attend may lead the police to consider arresting you instead, particularly if they believe it is necessary to progress the investigation, prevent harm, or secure evidence. For this reason, it is important to seek legal advice before deciding how to respond.
In some situations, a solicitor can engage with the police on your behalf before any interview takes place. This may involve clarifying the nature of the allegation, narrowing the issues, or even avoiding the need for an interview altogether.
When You Must Attend
If you are arrested, you do not have a choice about attending the police station. You will be taken there for questioning and may be detained for a period while the police investigate. There are strict legal time limits under the Police and Criminal Evidence Act 1984 on how long you can be held without charge, but during that time you are required to remain at the station.
Similarly, if you are released on bail with a condition to return to the station, you must attend at the specified time and date. This is sometimes referred to as “answering bail”. Failing to attend can result in further arrest, the issue of a warrant, and additional consequences that may affect how your case is handled.
In some situations, the police may have legal powers to require you to attend, depending on the type of investigation. Ignoring such requirements can escalate the situation quickly.
The Importance of Legal Advice
Whether your attendance is voluntary or required, you should always obtain legal advice before speaking to the police. You have the right to consult a solicitor and to have them present during any interview. This advice is free of charge at the police station under the duty solicitor scheme, regardless of your financial situation, and ensures that your rights are protected.
A solicitor can contact the police on your behalf, find out what the investigation relates to, and advise you on the best course of action. They can also request disclosure of key information before the interview, which helps you understand the evidence and the allegation.
During the interview itself, your solicitor will ensure that questions are fair, that proper procedures are followed, and that you are not placed under undue pressure. They can also advise you on whether to answer questions, provide a prepared statement, or exercise your right to silence.
Do Not Assume it is Informal
A common mistake is to assume that being asked to attend voluntarily means you are not in serious trouble. This is not the case. The police may already suspect you of an offence, and the interview is part of gathering evidence to support that suspicion.
Even seemingly casual or off-the-record conversations can form part of the evidence. What you say, and how you say it, can later be relied upon in court. It is therefore important to treat any interaction with the police seriously from the outset.
Why Preparation Matters
Attending a police station without preparation can be risky. You may not fully understand the allegation, the evidence, or the potential consequences. This can lead to mistakes, inconsistencies, or admissions that could have been avoided.
Early legal advice allows you to understand the allegation, consider your options, and approach the interview in a controlled and informed way. It also gives you the opportunity to prepare your account properly, rather than responding under pressure.
Taking the time to prepare can make a substantial difference to how the case develops, and in some instances, it may prevent matters from progressing further.
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 can give our clients the best possible advice. 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.