This information is general guidance and does not constitute legal advice. Please consult a qualified solicitor for advice specific to your circumstances.
Voluntary Police Interview Solicitors — Know Your Rights
If the police have written to you, phoned you or visited you to ask you to attend a voluntary police interview, you are not under arrest, but you are being asked to answer questions about a suspected offence. The interview is recorded, it takes place under caution, and what you say can be used as evidence. Speak to a solicitor before you attend.
CG Law Defence are criminal defence solicitors based in Mayfair, London, with offices in Watford and Harrow. We advise by phone 24 hours a day, 7 days a week, and we can attend the interview with you. Fees start from £500 + VAT, agreed in writing before work begins.
What Is a Voluntary Police Interview?
A voluntary police interview, sometimes called voluntary attendance, is a formal interview the police carry out without arresting you first. You agree to attend, usually at a police station, on a date and time they give you. It is also often called an interview under caution.
The word voluntary can be misleading. The police normally invite you because they suspect you may have been involved in an offence and want your account. The interview follows the same rules as one carried out after an arrest, and the outcome can be exactly the same: no further action, an out-of-court disposal, or a file passed to the Crown Prosecution Service for a charging decision.
The police caution you will hear at the start reads: "You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence."
Your Rights at a Voluntary Police Interview
The Home Office publishes a notice explaining these rights, Voluntary police interview: your rights, based on Code C of the Police and Criminal Evidence Act (PACE) Codes of Practice. In summary:
Why Take a Solicitor to a Voluntary Police Interview
Many people attend alone because they believe they are simply "helping the police". That is the most common mistake. A solicitor protects your position from the start:
- We contact the investigating officer to ask for pre-interview disclosure, so you know the nature of the allegation and the evidence the police are prepared to share before you answer any question.
- We advise you in private on whether to answer questions, give a prepared written statement, or say nothing, based on the disclosure and the facts.
- We can often agree a suitable date and time for the interview with the police.
- We sit with you throughout, challenge unfair or unclear questions and make sure the interview stays within your rights.
- If the interview is followed by a decision from the police or the CPS, we stay involved and make representations on your behalf, which has helped us prevent charges in approximately 30% of cases.
How We Handle Your Voluntary Police Interview
Voluntary Police Interview Solicitor Fees
Fixed fees are agreed in writing before work begins, with no hidden charges. Payment plans are available for complex cases.
| Matter type | Typical fee |
|---|---|
| Voluntary interview: advice and attendance | From £500 + VAT |
| Magistrates' Court representation (if charged) | From £750 + VAT |
| Crown Court trial | Bespoke — discussed at consultation |
| Fraud / complex financial crime | Bespoke — staged payments available |
What to Do Before Your Voluntary Police Interview
- Keep the letter, email or text from the police and note the date, time, police station and officer's name.
- Speak to a solicitor before the interview, not after it.
- Do not discuss the allegation with the complainant, witnesses or the police by phone without advice.
- Do not delete messages, files or social media content, and do not post about the matter online.
- Do not prepare or rehearse your own account of events without advice. Your solicitor will help you decide what, if anything, to say.
- Take photo ID with you on the day.
What Happens After a Voluntary Police Interview?
You are free to go home at the end of the interview, but the investigation continues. The police may take no further action, offer an out-of-court disposal such as a caution, or send the file to the CPS to decide whether to charge. This can take weeks or months. Having a solicitor engaged throughout means someone is liaising with the police and the CPS on your behalf while you wait.
If you are asked to attend a voluntary interview in London or Hertfordshire, our London criminal defence solicitors and Watford office attend police stations across the area. For investigations involving financial crime, see our corporate fraud defence team.
Regulated and Verifiable
All CG Law Defence solicitors are registered with the Solicitors Regulation Authority under SRA number 654306, and you can check credentials on the Law Society register. Founded by Chris Georgiou in 2000, we are an independent private criminal law firm. Each solicitor handles only 10–15 cases at a time, so your case is run by an experienced partner rather than junior staff.
Voluntary Police Interview: Frequently Asked Questions
Do I have to attend a voluntary police interview?▼
No, attendance is not compulsory, which is why it is called voluntary. However, if you refuse, the police may decide to arrest you so they can interview you in custody. Speak to a solicitor before you decide, so you understand the risks of each option.
What are my rights at a voluntary police interview?▼
You have the right to free and independent legal advice, to be told what offence you are suspected of, to stay silent, to delay the interview to take advice, and to leave at any time. Young and vulnerable people are entitled to an appropriate adult. The Home Office explains these in its notice of rights for voluntary interviews.
Can I bring a solicitor to a voluntary police interview?▼
Yes. You are entitled to have a solicitor with you and to speak to them in private before the interview starts. You can ask for the free duty solicitor or instruct a solicitor of your own choice, such as CG Law Defence. Call 020 7193 5316 and we will arrange attendance.
What happens if I say nothing in a voluntary interview?▼
You are not obliged to answer questions. But under the police caution, it may harm your defence if you do not mention something you later rely on in court, and a court can take that into account. Whether to answer, give a written statement or say nothing depends on the facts and the disclosure, so take advice before the interview.
Can I be arrested at a voluntary police interview?▼
Yes. A voluntary interview does not prevent arrest. If the police believe the legal grounds are met, for example because of what is said in the interview, they can arrest you at the end or during it. Having a solicitor with you means you receive immediate advice if this happens.
Is a voluntary police interview recorded?▼
Yes. Interviews at a police station are normally audio recorded, and sometimes video recorded. The recording can be used in evidence if the case goes to court, and you are entitled to details of how to obtain a copy.
What should I do before attending a voluntary police interview?▼
Contact a solicitor as soon as you receive the invitation. Keep the police letter, do not contact the complainant, do not delete any messages or data, and do not prepare your own account without advice. Take photo ID with you on the day.
How much does a voluntary interview solicitor cost?▼
Our fees start from £500 + VAT for advice and attendance at a voluntary police interview, agreed in writing before work begins. You are also entitled to free legal advice from the duty solicitor, but you can choose a private solicitor of your own if you prefer. Call us for a free initial consultation.
Does a voluntary police interview mean I will be charged?▼
No. An invitation to interview means the police want your account, not that a charge has been decided. Many investigations end with no further action. The outcome depends on the evidence, and a solicitor can make representations to the police and the CPS on your behalf.
Do I need a solicitor if I have done nothing wrong?▼
Yes, it is still advisable. Innocent people can be misunderstood, and anything said in the interview can be used in evidence. A solicitor ensures you understand the allegation, helps you answer accurately, and prevents unfair questioning.
Which police stations can you attend?▼
We attend police stations across Greater London and Hertfordshire, and advise by phone anywhere in England and Wales before your interview. Call 020 7193 5316 with the location and we will confirm arrangements.