Police Interviews Explained – Don’t Go in Alone

Being asked to attend a police interview, whether under arrest or voluntarily, can feel intimidating. It’s important to understand what it means, what your rights are, and why having a solicitor present is crucial.

What is a Police Interview?

A police interview is when officers formally question someone about a suspected offence. The interview is recorded and can be used as evidence in court. There are two main types:

• Interview under arrest – you are detained at the police station and questioned because officers suspect you of committing an offence.
• Voluntary interview (also called a Caution Plus 3 interview) – you attend the police station voluntarily. You are not under arrest, but you are still cautioned, and anything you say can be used in evidence.

Everyone, regardless of income, has the right to free legal advice at the police station. Some people prefer to pay privately for representation, in which case we offer a fixed fee service or an hourly rate.

The purpose of a police interview is to ask you questions, under caution, as part of their investigation into the alleged offence. Although a voluntary interview means you are not under arrest and cannot be forced to attend, refusing to do so may lead the police to arrest you in order to carry out the interview. It is therefore strongly recommended that you attend and that you have a solicitor to protect your interests.

What does “Under Arrest” mean?

If you are under arrest:

• You are not free to leave until the police release you.
• Your fingerprints, DNA, and photographs may be taken.
• You may be searched, and your property may be seized.
• You have specific rights and entitlements while in custody.

Your Rights and Entitlements

Whether arrested or attending voluntarily, you have important rights:

• Right to free legal advice – you are entitled to speak to a solicitor before and during interview.
• Right to know why you are being questioned – the police must explain the offence they suspect.
• Right to silence – you don’t have to answer questions (though staying silent may sometimes have legal consequences).
• Right to have someone informed – if under arrest, you can ask for a friend or relative to be told.
• Right to medical help – if you are unwell while in custody.

Why you should never attend a police interview alone

• Protect your rights – police interviews are not “informal chats”; what you say can be used in court. They are part of the criminal process, and what you say can make or break a case.
• Level the playing field – officers know the law and procedure; having a solicitor ensures you are not at a disadvantage.
• Avoid mistakes – even an innocent comment can be misinterpreted or taken out of context.
• Support and guidance – your solicitor can advise whether to answer questions, provide a written statement, or remain silent.

FAQs

Do I need a solicitor for a voluntary interview?

Yes. Even though you attend voluntarily, the interview is still under caution and can be used as evidence. Free legal advice is available.

Will asking for a solicitor make me look guilty?

No. It’s your legal right. Officers and courts cannot hold it against you.

How long can the police keep me under arrest?

Generally, up to 24 hours, but this can be extended in serious cases.

What does “released under investigation” mean?

It means you are no longer in custody, but the investigation is ongoing. You could be contacted later with a decision.

What happens if I’m charged?

You will be given paperwork with a court date. A solicitor can represent you and prepare your defence.

We can help you

Whether under arrest or attending voluntarily, a police interview is serious. Always seek legal advice at the earliest opportunity to protect your rights and secure the best possible outcome.

At Ashtons Legal, we have extensive experience in advising and representing clients at the police station in relation to all types of criminal allegations.

Early legal representation can make a significant difference. In voluntary interview cases, we can liaise directly with the investigating officer to arrange an interview at a suitable time, and in many cases obtain advance disclosure of the allegation. This allows us to meet with you beforehand, discuss the details, and prepare a clear strategy—often giving you a real advantage before you even set foot in the interview room.

Contact our private criminal defence solicitors today

If you have been contacted by the police to attend a voluntary interview, please do not hesitate to contact our specialist Private Criminal Defence team by using our online enquiry form or by calling 0330 191 5713.