Being asked to attend a police interview is often the first formal step in a criminal investigation. It can feel informal, particularly if you are invited to attend voluntarily. However, the reality is very different.
This is a critical evidential stage. What you say, or choose not to say, can shape the entire direction of your case.
Voluntary Interview vs Interview Under Arrest
Voluntary Interview Under Caution
A voluntary interview means you are not under arrest and attend by agreement. You are, in theory, free to leave at any time.
However, the term “voluntary” is misleading. The interview is still conducted under caution, recorded, and anything you say can be used in evidence.
Importantly, if you refuse to attend a voluntary interview, it is often the case that the police will indicate that they will arrest you in order to carry out the interview.
Interview Under Arrest
If you are interviewed under arrest, you are detained and not free to leave.
You may be searched, have your DNA and fingerprints taken, and your movements will be controlled whilst in custody.
Despite these differences, the interview itself follows the same process under caution and PACE.
The Purpose of a Police Interview
It is important to be clear: a police interview is not conducted for your benefit.
It is a key investigative tool designed to gather evidence, test your account, and, in many cases, obtain admissions or inconsistencies.
Approaching it casually or without preparation can put you at serious risk.
Your Options in Interview
There are three main approaches you can take. Each must be considered carefully with legal advice.
Answering Questions
When this may be appropriate
Answering questions is often considered where:
- You intend to plead guilty
- You wish to show cooperation
- You have a clear and consistent account
Providing an account early can support mitigation and, in some cases, assist in securing credit at sentence.
The risks
- You may unintentionally strengthen the case against you
- Inconsistencies can be used to undermine your credibility
- You may comment on matters you do not fully understand
This is why answering questions should never be done without careful legal preparation.
Prepared Statements
A prepared statement involves providing a written account of your position, then answering “no comment” to further questions.
Why it is used
This is often appropriate where:
- You have a factual defence (e.g. an alibi, no intention to drive, post‑driving consumption, or a reasonable excuse in a fail to provide case)
- Police disclosure is limited
- You want to avoid answering detailed or speculative questions
Providing a prepared statement can amount to putting your defence on record for the purposes of avoiding adverse inference.
The risks
- It effectively commits you to a version of events early
- It may assist the police in deciding to charge
- Any omission may still be used against you later
Precision in drafting is essential.
No Comment Interview
Answering “no comment” to all questions is a lawful strategy.
The advantages
- Prevents the police from using your answers as evidence
- Avoids mistakes or inconsistencies
- Useful where disclosure is unclear or incomplete
The risk: Adverse Inference
Remaining silent is not without consequences.
Under section 34 of the Criminal Justice and Public Order Act 1994, a court may draw an adverse inference if you later rely on something you did not mention in interview.
What Is an Adverse Inference?
An adverse inference is a conclusion a court or jury may draw against you because of your silence.
In simple terms:
If you later raise a defence that you could reasonably have mentioned in interview, the court is allowed to ask:
“Why didn’t you say this when you were asked?”
A simple example
You are interviewed about an allegation that you were driving a vehicle. You answer “no comment” to all questions.
At court, you then say:
“I wasn’t driving. I was at home all evening.”
The prosecution may argue that this is something you should have said at the time. The court may take your silence into account and view your late explanation with suspicion.
That is an adverse inference.
It does not automatically mean you will be convicted, but it can significantly weaken your defence.
WARNING – False details given in interview
It is important to draw a distinction between saying nothing and putting forward false information. saying no comment is a perfectly lawful option. Putting forwards false information, on the other hand, could lead to a further charge of obstructing a police officer in the course of their duty or more likely, perverting the course of justice. An extremely serious offence that is very likely to lead to a prison sentence.
Again, a solicitor can assist in advising you of the best way of protecting your position and avoiding self-incrimination.
Your Rights Under PACE
All interviews are governed by the Police and Criminal Evidence Act 1984 and Code C.
Key protections
- You must be cautioned before questioning
- You have the right to free legal advice
- You can consult a solicitor before and during interview
- The interview must be properly recorded
Pre-Interview Disclosure
Before the interview, your solicitor should be given sufficient information to advise you properly.
However, the police are not required to disclose all of their evidence at this stage.
This is why strategic legal advice is essential before deciding how to respond.
Significant Statements
If you make an important comment outside the formal interview, the police should put this to you at the outset of the interview to give you the opportunity to admit/deny or otherwise explain it.
This is an important safeguard designed to ensure fairness.
Do Not Attend Alone
It is common for individuals to think they can “clear things up” by attending an interview alone.
This is one of the most dangerous mistakes you can make.
Even in a voluntary interview:
- You are under caution
- The interview is recorded
- What you say can directly lead to a charge
A solicitor’s role is to protect your position, advise on strategy, and ensure your rights are upheld throughout.
How Geoffrey Miller Solicitors Can Help
At Geoffrey Miller Solicitors, we specialise in representing clients at the police station and throughout the pre‑charge phase.
We will:
- Obtain and analyse disclosure
- Advise on the best interview strategy
- Attend the interview with you
- Intervene where necessary to protect your position
Early advice is not just helpful, it is critical.
Contact Us
If you have been asked to attend a police interview, whether voluntarily or under arrest, do not delay.
Contact Geoffrey Miller Solicitors for immediate advice.
The decisions you make before and during interview can define the outcome of your case. Let us ensure those decisions are the right ones.
If you have already attended an interview and are concerned that the strategy adopted may have harmed your position, it is often the case that interviews attended without representation can be ruled inadmissible (so they can’t be used against the accused). This is especially so if PACE was not properly followed making any admissions unfair.
We are often approached to assist clients in unravelling issues arising from interviews attended prior to our involvement.
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