Being invited to attend a voluntary police interview can be worrying and many people wonder what will happen if they decide not to go. Although the interview is described as voluntary, refusing to attend does not necessarily mean the investigation will come to an end.
Understanding the possible consequences is important before making any decision about how to respond.
What Is a Voluntary Interview?
A voluntary interview is when the police ask you to attend the station to answer questions without placing you under arrest. You are not legally obliged to attend the interview and if you do attend voluntarily, you are generally free to leave at any time unless you are arrested.
However, the interview is still conducted under caution, meaning anything you say can be used in evidence. The interview is usually recorded and forms part of the investigation in the same way as an interview following arrest.
The fact that attendance is voluntary does not mean the allegation is informal or unimportant. In many cases, the police will already have gathered evidence, taken witness statements or reviewed digital material before inviting you to attend.
Can You Refuse to Attend?
You can refuse to attend a voluntary interview. However, the police may then consider whether arrest is necessary. Under the Police and Criminal Evidence Act 1984, the police can arrest a suspect if they believe it is necessary for reasons such as allowing the prompt and effective investigation of an offence, protecting evidence or preventing further offences.
In practice, this means that refusing to attend voluntarily may increase the likelihood of arrest, particularly in more serious cases or where the police believe you may not cooperate otherwise.
The police may also consider arrest if they believe they need to search property, seize devices, impose bail conditions or secure evidence quickly.
Will Refusing Make You Look Guilty?
Choosing not to attend does not automatically make you look guilty. You are entitled to seek legal advice before deciding how to proceed and exercising that right should not be viewed as an admission of wrongdoing.
However, ignoring police contact altogether or failing to engage appropriately can sometimes complicate matters and may influence how the police approach the investigation. In some situations, it may lead officers to conclude that arrest is the most effective way to progress enquiries.
This is why it is important not to make decisions impulsively or without first speaking to a solicitor.
The Importance of Legal Advice
A solicitor can contact the police on your behalf, obtain information about the allegation and advise you on whether attendance is appropriate in the circumstances.
In some cases, arrangements can be made for the interview to take place at a convenient time, allowing proper preparation beforehand. Your solicitor may also be able to obtain disclosure about the evidence the police hold, helping you understand the nature of the allegation before any interview takes place.
Your solicitor will advise you on how to approach the interview itself, including whether to answer questions, provide a prepared statement or exercise your right to silence. The correct approach will depend on the evidence and the specific circumstances of the case.
Having legal representation also helps ensure that the interview is conducted fairly and that your rights are protected throughout.
What Happens Next?
If you do not attend voluntarily and the police decide not to arrest you immediately, the investigation may still continue. Officers may gather further evidence, obtain statements, review CCTV or digital material or contact you again at a later stage.
If they believe arrest is necessary, officers may attend your home or workplace to detain you. This can happen without further warning and may occur at a time chosen by the police.
Even if no immediate action is taken, refusing to attend does not mean the allegation will simply disappear. The investigation can remain active while the police continue their enquiries.
Could the Case Proceed Without an Interview?
In some situations, the police and the Crown Prosecution Service may decide to proceed based on the evidence already available, even if you have not been interviewed. This will depend on the nature and strength of the evidence.
However, an interview also provides an opportunity for your account to be considered as part of the investigation. Deciding whether or not to participate should therefore be carefully assessed with legal advice.
Why Preparation Matters
Whether you attend voluntarily or following arrest, what happens during a police interview can have a significant impact on the outcome of the case.
Attending without preparation can lead to misunderstandings, inconsistent answers or comments that damage your position. Equally, refusing to engage without considering the consequences can sometimes make matters worse.
Early legal advice and careful preparation can help protect your position, ensure that you understand the process and avoid mistakes that may be difficult to correct later.
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.