What Is a Voluntary Police Interview in England and Wales?
If you’ve been asked to attend a voluntary police interview, it can feel confusing—and a bit intimidating. The word “voluntary” makes it sound informal, but it’s still a serious legal process. This guide walks you through exactly what it means, what to expect, and how to handle it calmly and confidently.
What Does “Voluntary Interview” Actually Mean?
A voluntary interview is when the police invite you to speak with them under caution, but you are not under arrest.
You’ll usually be asked to come to a police station at an agreed time, although sometimes it can happen elsewhere. The key point is this:
- You are attending by agreement
- You are free to leave (in most cases)
- But the interview is still part of a criminal investigation
Even though it sounds informal, anything you say can still be used as evidence.
Why Have I Been Asked to Attend One?
There are a few common reasons you might be invited:
- The police believe you may have information about an incident
- You are considered a suspect, but arrest isn’t necessary
- They want to question you without taking you into custody
It doesn’t automatically mean you’ll be charged—but it does mean you’re part of an active investigation.
What Happens Before the Interview?
Before the interview takes place, you’ll normally:
Receive an Invitation
This might come via a phone call, letter, or through a solicitor.
Be Told Your Rights
You have the right to:
- Free legal advice (always recommended)
- Know what the interview is about (at least in general terms)
Arrange a Solicitor
You can:
- Bring your own solicitor
- Ask for a duty solicitor for free
Tip: Never attend without legal advice. It’s there to protect you, not make you look guilty.
What Happens During the Interview?
The interview itself is more structured than many people expect.
It’s Recorded
The interview is usually audio-recorded (and sometimes video-recorded).
You’ll Be Given a Caution
You’ll hear:
“You do not have to say anything, but it may harm your defence if you fail to mention something that you later rely on in court, anything you do say may be used in evidence …”
This means:
- You have the right to remain silent
- But staying silent could affect your case later
You’ll Be Asked Questions
Police officers will ask about:
- Your involvement (if any)
- Your version of events
- Any evidence they may have
Your solicitor can:
- Advise you when to answer or not
- Step in if questions are unfair
Can I Leave a Voluntary Interview?
Yes—in most cases, you can leave at any time, because you’re not under arrest.
However, there are exceptions:
- If police believe it’s necessary, they may arrest you during or after the interview
So while it’s voluntary to attend, the situation can change depending on what comes up.
What Happens After the Interview?
Once the interview ends, a few things could happen:
No Further Action (NFA)
The case is dropped due to lack of evidence.
Further Investigation
Police may continue looking into the matter.
You’re Charged or Given a Caution
If there’s enough evidence, formal action may follow.
Do I Have to Attend a Voluntary Interview?
Technically, no—you can refuse.
But here’s the reality:
- Refusing may lead to arrest instead
- It’s usually better to attend with legal advice
We can guide you on the best approach based on your situation.
Top Tips If You’ve Been Invited
- Always get legal advice before attending
- Stay calm and listen carefully to questions
- Don’t guess or speculate—only say what you know
- Follow your solicitor’s guidance throughout
A voluntary interview in England and Wales might sound low-pressure, but it’s still an important legal step. The key is to treat it seriously, understand your rights, and get proper legal support.
Handled correctly, it can be a straightforward process. Handled poorly, it can cause unnecessary complications. We often see people in Court who could have avoided it had they had proper advice in the police station or at Trial having to explain comments they made during an interview. Unfortunatly ‘i didn’t mean it like that’ doesn’t always look great from the witness box.
If you’re unsure about anything, feel free to make an enquiry using the contact box on our homepage.