Being contacted by the police requesting that you go in for an interview will always be a stressful experience. While interviews under caution are officially ‘voluntary’, this does not negate the potential ramifications of what can follow.
Voluntary interviews under caution are often used as a way for the police to bring an individual in for questioning without having to arrest them, and the suspect will almost always be under investigation for a crime.
Here, we examine in more detail what happens both during and after a voluntary interview under caution.
What is a voluntary interview under caution?
A voluntary interview under caution refers to an interview you could be asked to attend if you or your business is suspected of having engaged in criminal activity. While it will often be the police who conduct these interviews, other regulatory bodies such as HMRC, HSE, or other authorities could also be involved.
Voluntary interviews under caution are also known by other terms. One of the other names you may hear them refer to is a PACE interview. This refers to the fact that these interviews are carried out in accordance with legislation found in the Police and Criminal Evidence Act 1984 (PACE).
The ‘caution’ part of the phrase refers to the caution you will be given before your formal, recorded interview takes place. The caution is:
“You do not have to say anything but it may harm your defence if you do not mention something when questioned that you later rely on in court. Anything you do say may be given in evidence.”
Your solicitor will be able to advise you further on the implications of the caution, and on what information it will be best to give and which to hold on to.
What happens in the interview?
Prior to the interview, the responsible officer will conduct a process called ‘disclosure’. This consists of providing your solicitor with information pertinent to the case under investigation, along with certain details on the evidence against the individual being interviewed. It is unlikely that all information pertaining to the investigation will be disclosed at this point.
In private, your solicitor will be able to discuss the disclosed information with you. They will advise you on the law, go over your version of events, and lay out your most beneficial options. You do not have to give answers to the questions posed to you in the interview; in some cases, your solicitor will advise you to remain silent. Your solicitor can remain with you during the interview.
During the interview, you will likely be asked questions which cover topics including:
- Where you were at specific moments
- Your relationship with certain individuals
- Your version and knowledge of certain events
In the case that the interview goes on for a long time, you are entitled to take short breaks. These are typically 15 minutes given every two hours.
What happens after the interview?
What happens after the interview depends on whether your interview was with the police or a regulatory body:
Police
After the interview has been concluded, the officer who conducted the interview will refer the case to their sergeant, who will then make a decision. The sergeant may then refer the case to the CPS (crown prosecution service) who will then decide if the evidence merits prosecution. What then happens can be one of the following:
- You will be released on bail – generally with a set date on which you must return to the police station
- You will be released under investigation (RUI) – similar to the above but without a set date, and with no bail conditions
- You will be charged with a criminal offence
- You will be released without charge and told that no further action is being taken against you
Which of these results you receive is largely dependent on how the interview goes. If the investigatory body were certain they could charge and convict you, it’s possible that they would have done so already – an interview under caution can thus have a significant impact on your future.
If you are released without charge, it’s likely that you won’t require much further legal assistance. If, however, you are released on bail or are charged with a criminal offence, your solicitor will be able to guide you on what steps to take next in your legal defence.
Regulatory body
If you are under investigation by a regulatory body, such as HSE or HMRC, the outcome of your interview will likely be one of the following:
- You receive a fine
- You are formally cautioned
- A criminal investigation is launched
- The investigation is dropped
If there are no police present at the interview, it is highly unlikely that you will be arrested at its conclusion. If you are subject to an interview by a regulatory body, it’s important that you seek legal advice from a solicitor with experience in that exact field, as each requires a nuanced knowledge and skillset.
Are voluntary interviews less serious than those completed under arrest?
Many people perceive voluntary interviews as less serious than those completed under arrest; this is often not the case. It is often simpler for police to conduct interviews on a voluntary basis than to arrest the suspect; while you are free to walk out of a voluntary interview at any time, it’s possible that walking out will result in an arrest.
Police choose to conduct interviews voluntarily for a number of reasons. This could be because they don’t have sufficient grounds for arrest yet, but it could also be because they think you’ll cooperate better on a voluntary basis or several other reasons.
Voluntary interviews under caution should be taken incredibly seriously, and you should seek legal assistance accordingly. Seek the advice of a criminal defence solicitor who specialises in the relevant legal area as soon as you’re able to, so you can develop a more thorough understanding of the charges you may face and the best way for you to proceed.
For expert support and guidance in matters relating to police interviews, or if you’re facing charges and require immediate legal assistance, our team at Ashcott Solicitors are here to help.
Our leading criminal defence team are here to assist you. For further information, call us on 0161 234 0020 (Manchester) /0203 053 8625 (London) / 07956 555979 (24 hour), or you can also contact our team at Ashcott Solicitors via our contact form.
