Interviewed Under Caution Without Being Arrested: What Are Your Rights?

Yes, you can be interviewed under caution without ever being arrested, and this is known as a voluntary interview. You have exactly the same right to free, independent legal advice, and the same right to remain silent, as someone who has been arrested, and anything you say can still be used in evidence against you.

Being asked to attend a voluntary interview, rather than being arrested, can feel less serious, and some people assume it means the police are not treating the matter seriously. This is not a safe assumption. This guide explains what a voluntary interview actually is, what rights apply, and how to prepare if you have been asked to attend one.

What Is a Voluntary Interview Under Caution?

A voluntary interview is a formal police interview conducted “under caution,” meaning you are treated as a suspect in relation to a specific offence, but you attend without being placed under arrest. It may take place at a police station, or occasionally elsewhere by agreement, and is usually arranged in advance by letter, telephone call, or email from the police.

Despite the informal-sounding name, a voluntary interview is a serious step in a criminal investigation. The police caution given at the start is identical to the one used in an arrest interview: “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.”

Why Would the Police Use a Voluntary Interview Instead of an Arrest?

Under the Police and Criminal Evidence Act 1984 (PACE), an arrest must be necessary, not simply convenient. Where the police believe a suspect will attend and cooperate without being arrested, a voluntary interview allows the investigation to proceed without the additional step of arrest and detention. Common reasons include:

• The alleged offence does not require the powers that come with arrest, such as search of premises incidental to arrest
• The person contacted is considered unlikely to abscond or interfere with the investigation
• The police wish to gather an account before deciding whether arrest, charge, or no further action is appropriate

Being invited to a voluntary interview does not mean the allegation is minor, and it does not mean a decision has already been made not to prosecute.

What Rights Do You Have at a Voluntary Interview?

Your rights at a voluntary interview are broadly equivalent to those of someone under arrest, and include the following.

The right to free legal advice You are entitled to free, independent legal advice before and during the interview, whether from the duty solicitor or a solicitor of your own choosing. This is not means tested, so it costs nothing regardless of your income.

The right to remain silent You do not have to answer questions, though as with an arrest interview, an inference can sometimes be drawn later if you stay silent on a matter you subsequently rely on in your defence at court.

The right to leave Because you have not been arrested, you are, in principle, free to leave a voluntary interview at any time. In practice, if you attempt to leave, the police can decide to arrest you at that point if they have grounds to do so, so this is not the same as having no obligations at all.

The right to know the allegation Before the interview, your solicitor should be given disclosure, a summary of the allegation and the evidence the police intend to rely on, in the same way as for an arrest interview.

How Should You Prepare for a Voluntary Interview?

1. Ask the officer contacting you for details of the allegation, and confirm the date, time, and location in writing where possible
2. Arrange a solicitor before the interview date, not on the day itself, so there is time for disclosure to be reviewed properly
3. Avoid discussing the allegation informally with the officer who contacts you, or with anyone else, before taking advice
4. Attend with your solicitor, and use the private consultation beforehand to go through the disclosure and agree an approach
5. If you are unwell, need medication, or require an appropriate adult or interpreter, raise this before the interview date

What Happens After a Voluntary Interview?

Once the interview is complete, you will normally be free to leave, and the police will continue their investigation. Possible outcomes include:

• No further action, if the police decide there is insufficient evidence or it is not in the public interest to proceed
• Released under investigation, where the police continue enquiries with no fixed timescale for a decision
• Charged by post or requisition, where you receive formal notice to attend court, without needing to be arrested first
• Arrest, in the less common situation where the police decide, following the interview, that arrest has become necessary

Unlike police bail following an arrest, there is often no fixed statutory timescale governing how long the police can take to decide the outcome of a voluntary interview, which can leave people waiting for a decision for a significant period.

Does a Voluntary Interview Affect My Record?

Attending a voluntary interview is not itself a conviction and does not automatically create a criminal record. However, the fact that you were interviewed under caution, and the outcome, may be recorded on police systems and, depending on the nature of the allegation, could potentially appear on an enhanced Disclosure and Barring Service (DBS) check in some circumstances, even without charge.

Getting Advice Before a Voluntary Interview

If you have been asked to attend a voluntary interview, the most important step is arranging specialist legal advice before you attend, not after. What is said, or not said, at this stage can shape the rest of the investigation and any case that follows. Satchell Moran Solicitors’ criminal defence team provides police station representation for voluntary interviews as well as arrests, including cases involving assault offences. The firm holds dual Lexcel accreditation, reflecting recognised standards in legal practice and client care, and has over 30 specialist solicitors across its practice areas.

If you have received a request to attend a voluntary interview, contact a solicitor as soon as possible, and before the date you have been given.