Criminal law

Voluntary police interview of an adult

A voluntary police interview remains a formal step in a criminal investigation. Before attending, the person should understand the allegation, the applicable rights and what distinguishes the interview from a coercive measure.

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Checking the status stated in the notice

A voluntary interview of a suspect applies where there are plausible grounds for suspecting involvement in an offence, but the person is not kept under restraint. The person must be told the alleged legal classification, date and place of the facts and that they may leave the premises at any time.

A notice may be short or use broad wording. Send every page and record the service, date, time, any named investigator and the exact wording of the reason given. A person brought before the police by force does not fall within this voluntary framework for that interview.

Understanding the rights before answering

The person may make a statement, answer questions or remain silent, and must have access to an interpreter where required. If the allegation is a crime or an offence punishable by imprisonment, the person has the right to be assisted during the interview or a confrontation by a chosen or appointed lawyer.

The right to a lawyer therefore depends on the alleged offence, not on the word interview alone. Where the investigation permits, a written notice should include information about the suspected offence, legal assistance and available funding or advice arrangements. Those details should be reviewed before the appointment.

Preparing a chronology without manufacturing an account

Preparation means putting events in order, identifying the people and documents involved and separating what is known from what remains uncertain. It does not mean memorising answers, filling gaps in recollection or aligning several people’s accounts.

Checklist: keep the original notice; prepare copies of messages or records directly connected with the allegation; note verifiable dates; identify anything unclear; flag any interpreting, health or accessibility need; do not alter, heavily annotate or publish the documents.

On the day and after the interview

Bring the notice, identification and the lawyer’s contact details. Record the arrival time and service attended. Before signing an interview record, read it carefully and raise any factual error or wording that is not understood.

The interview may be followed by no further action, additional investigation, another notice or a prosecution. Keep every document issued and do not infer the outcome from a lack of immediate news. If restraint is imposed or the person’s status changes, the applicable safeguards must be reviewed again.

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Frequently asked questions

Can a person leave during a voluntary police interview?

Yes. The right to leave the premises at any time is a defining safeguard for the voluntary interview of an adult suspect. If the person is no longer free to leave, the status and legal basis of the restraint need to be clarified.

Is a lawyer available for every voluntary interview?

Assistance during the interview is provided where the suspected offence is a crime or an offence punishable by imprisonment. The notice and stated legal classification should therefore be checked.

Should every answer be prepared in advance?

No. A factual chronology and relevant documents help prepare without inventing or freezing an account. Whether to answer particular questions or remain silent depends on the actual allegation and circumstances.

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