Introduction: what a police station attendance means for you

Being asked to attend a police station can be unsettling, whether you have been arrested or invited to a voluntary interview. It does not mean that you will necessarily be charged. It does mean that the police suspect you of an offence and may use what happens at the station as part of the evidence in the case.

The most important part of the process is usually the interview under caution. It is not an informal conversation and nothing said to police officers whether during the interview or before/after it should be treated as "off the record". A sensible interview strategy is chosen only after your legal adviser understands what the police are alleging, has heard your account in private and has considered the risks of speaking or remaining silent.

This guide explains the usual procedure in England and Wales. It gives general information rather than advice on any individual case. Different rules apply to terrorism and certain national security investigations.

Arrested or attending voluntarily?

A person who is arrested is taken into police custody. A custody officer, normally a sergeant, decides whether detention should be authorised and is responsible for the detained person's welfare and legal rights while they are in police custody. The detainee is searched, property may be retained, and fingerprints, photographs or samples will usually be taken. The custody officer should explain the reason for detention and important rights, including the right to have someone informed and to obtain legal advice.

A voluntary interview is still an interview under caution. It is normally recorded and can be used in exactly the same way as an interview following arrest. The important difference is that a volunteer is not detained and may leave at any time. The police must explain that position. The safeguards applying to interview, including legal advice, an interpreter and an appropriate adult where required, are not reduced merely because attendance is voluntary.

If you receive an invitation, arrange representation before the appointment if possible. Your solicitor can ask what is alleged and ensure there is time for proper advice.

What happens after you arrive?

An arrested person is booked into custody and may spend time in a cell while enquiries are made. A voluntary attendee will usually be met by the investigating officer at the police station front desk. Officers will often try to avoid taking you into the custody suite if you are there voluntarily; however, sometimes it is unavoidable if there is nowhere else to conduct the interview.

For most police station attendances where you have a solicitor present the process will follow a predictable sequence of disclosure being made to the solicitor by the police officer, advice given by the solicitor to you in private, and finally the interview.

Stage one: disclosure to the legal adviser

Before interview, the investigating officer should provide enough information for you and your solicitor to understand the suspected offence and why you are suspected. This is commonly called pre-interview disclosure. It should usually cover the basic allegation, relevant time and place, and an outline of the evidence and intended interview topics.

This is not the same as the fuller disclosure that may be provided if a case reaches court. The police do not have to reveal every witness statement, message, image or tactic before interview. They may withhold details which they believe would prejudice the investigation, and in a serious or complex case they may disclose material in stages between interviews.

Your solicitor should test the information rather than simply accept a short summary. The quality of disclosure matters because advice given without a proper understanding of the allegation may be unsafe. For example, in one case we dealt with the police officers disclosed that our client had been linked to the scene of a robbery by DNA evidence from the scene. Since our client fit the vague description given by the victim and had previous convictions for robbery you might think that the DNA was strong evidence. However, further questioning of the police officers persuaded them to admit that the DNA was in fact from a cigarette butt found in a smoking area outside the flats in which our client lived and went to smoke in several times a day. The DNA evidence immediately went from highly persuasive to completely worthless.

Stage two: advice in private

The solicitor will then speak to you privately. The consultation is confidential and the police should not listen to it, except in very exceptional cases such as those involving serious terrorism offences. The adviser will explain the allegation and relevant law, take your account, ask about evidence or witnesses that may help, and assess whether you are fit to be interviewed. They will also explain the caution and recommend how to approach questioning.

This is the time to be completely candid with your solicitor. Confidentiality allows you to discuss the strengths and weaknesses of your position without giving the police evidence. Your solicitor cannot knowingly help you put forward a false account but can advise on strategies to help you achieve your goals without putting forward a lie.

The final decision whether to answer questions belongs to you. A solicitor advises and protects your interests; they do not make decisions for you.

Stage three: the recorded interview

The interview will usually be audio recorded and may also be video recorded. The officer will identify everyone present, explain the allegation, administer the caution and ask questions. Any important comment or silence before the formal interview may also be put to you.

Your solicitor is not merely an observer. They can challenge unfair questions, ask for clarification, object to oppressive questioning and request a break for private advice. They will not normally answer for you although a pro-active solicitor should be listening closely to what you are saying and help you put your explanation across well. We frequently spot situations where a client has told us something in consultation but has not mentioned it in interview because the police questioning and not elicited it. We will put our own questions to our clients in those situations to help them give their best account to the police.

You may ask to stop for legal advice at any point. This can be important if the police reveal new evidence, move to a different allegation or give a special warning about an object, mark or your presence at a place.

What does the caution mean?

The police will caution you at the start of the interview. The caution is that “you do not have to say anything but it may harm your defence if you do not mention, when questioned, something you later rely on in court. Anything you do say may be used as evidence.”

In simple terms, the caution tells you three things:

1. 
   You have the right to remain silent.
   
2. Silence can be held against you in the form of an “adverse inference”:
   1. 
      If you do stay silent now and late put forward a defence to the court, then the magistrates or jury may wonder why you didn’t just tell the police your defence when they asked.
      
   2. 
      Alternatively, if you give the police an explanation now but change your account at court then again, the magistrates or jury may wonder why you have done that.
      
3. 
   Anything you do say can be used in evidence if your case reaches a courtroom.
   

This is why neither silence nor speech should be automatic. Under section 34 of the Criminal Justice and Public Order Act 1994, a court may draw an adverse inference if a defendant later relies on an important fact which they could reasonably have been expected to mention when questioned. The inference cannot by itself prove guilt, but it can damage the credibility of a later account.

Following a solicitor's advice to remain silent is relevant, but it does not automatically prevent an inference. A court will still consider whether it was reasonable for you, in the circumstances then existing, not to mention the undisclosed fact to the police.

Should you answer police questions?

The right question is not whether an innocent person "ought" to answer. It is which course best protects your position on the information presently available. A good solicitor looks ahead to how the interview may appear to a court months later, rather than trying to please the interviewing officer.

When answering questions may help

Answering can be sensible where you can give a clear, reliable and truthful account which deals with the allegation. It puts your position on record early and lets the police investigate evidence pointing away from you. This can be important where there is an alibi, self-defence, consent, mistaken identification or another explanation the police can check.

A full account may also help to avoid charge if the police accept it. Where a person admits an offence, properly advised co-operation may support an out-of-court disposal rather than prosecution, although no outcome should be promised in return for an admission.

The risk is that an interview cannot be undone. An inaccurate answer caused by poor memory, anxiety or misunderstanding may later be portrayed as a lie. For example, we dealt with a case recently in which our client said that he had been unable to remember what happened because of how much he had drunk. By the time the case reached court he had remembered prompting the judge to comment – sarcastically – “I see his memory has come back to him… how convenient”.

A helpful account can also disclose a fact which the police could not otherwise have proved. Another case we dealt with some years ago involved a fight in a nightclub where a man had been hit in the head with a thrown bottle. Our client was interviewed without a solicitor and made admissions to being the bottle-thrower saying he did it because his friend was being attacked by the victim. The case was more complicated, but the long and short of it was that had he had a solicitor present he would almost certainly have been advised to say nothing, and the police would not have been able to prove he threw the bottle since there was no video evidence or other witnesses who could identify the thrower.

When a no-comment interview may be safer

Remaining silent can be appropriate where disclosure is inadequate, the police evidence appears weak, or answering would risk filling gaps in the case. It may also be sensible where the allegation is old or complex, important documents have not been seen, the police are using staged disclosure, or you are not capable of giving reliable answers because of illness, vulnerability, exhaustion, shock or another genuine difficulty.

A no-comment interview prevents accidental admissions and avoids committing to an account before the evidence is understood. It can also require the police to put their case rather than obtain it from the suspect.

A good example of a no comment interview was a man who had been arrested on suspicion of assaulting his wife. She told police that he had caused significant bruising to her face. This was something we were suspicious about because there had been no time for bruising to form into what we were shown. Police admitted that other family members had informed them that a) they had been present and there was no assault; and b) the facial disfiguration shown in the images was permanent rather than being bruising. We advised a no comment interview on the basis that clearly there was already a mountain of evidence that our client was not guilty. He could not improve the situation and thus could only make it worse. There was no benefit to answering questions. The police dropped the investigation as soon as the no comment interview was complete.

It is not a magic shield. The police will still ask every question, and a later court may be invited to draw an inference from a failure to mention a fact. Silence should be based on a case-specific reason, not a slogan. Our practical starting point is that a person should not add to the police case without a positive reason, but that must be tested against the risk of an inference and the value of an early account.

What is a prepared statement?

A prepared statement is a written account written by your solicitor on your instructions and which is then read out by the solicitor during the interview. It will usually identify the allegation, set out the central facts on which the person may rely and record any clear denial or defence. The person will then commonly answer later questions with "no comment".

This approach can place the core defence on record without exposing the person to lengthy or unsafe questioning. It may reduce the force of a later suggestion that the defence was recently invented and can help address the risk of an adverse inference.

A prepared statement needs careful drafting. It commits the person to an account and may itself supply missing evidence - for example, by accepting presence at the scene. It does not guarantee that no inference can be drawn if an important fact is omitted. Nor does it stop the police asking questions. The timing can also matter where disclosure is being made in stages.

Giving a statement and then answering every question may sacrifice much of its protective value. Answering selected questions while refusing others can look calculated or evasive. Those approaches are not legally forbidden, but they require particular care.

Evidence that may help your case

Tell your solicitor about messages, photographs, location data, records, CCTV and witnesses that may support your account. Preserve original material and do not edit, delete or manufacture anything. Do not contact a complainant or witness without advice, particularly where bail conditions or an allegation of harassment may arise.

Your solicitor can decide whether evidence should be shown to the police immediately, preserved for later, or used in written representations after interview. Timing can be as important as content.

In one case, our client put forward an alibi during the consultation. He told us that his witnesses were friends of his but were wary of the police and unlikely to speak to them. We were able to step outside of the police station for a few minutes to make contact with the alibi witnesses and persuade them to speak with the police on the phone. We then presented the witnesses to the officers before the interview of our client. The investigation into our client was quickly dropped.

What happens after the interview?

The police may need to check what has been said, examine devices, obtain forensic results or speak to witnesses. There may be a further interview if genuinely new matters arise. The immediate question is whether you can lawfully remain in custody and whether there is enough evidence to charge.

When must the police charge or release?

The custody officer must consider whether there is sufficient evidence to charge. If there is not, detention before charge may continue only where it is necessary to secure or preserve evidence, or to obtain evidence by questioning, and only within the statutory time limits. Code C of the Police Code of Conduct also requires the investigating officer to inform the custody officer without delay when the officer reasonably believes there is enough evidence to provide a realistic prospect of conviction. Depending on the offence, the charging decision may be made by the police or referred to the Crown Prosecution Service.

For most investigations the ordinary maximum period of detention without charge is 24 hours from the relevant time. For an indictable offence, a superintendent may authorise an extension to 36 hours if the statutory conditions are met. A magistrates' court can authorise further detention, with an overall maximum of 96 hours under the ordinary PACE regime. These longer periods are exceptional, not a routine entitlement to keep someone while an investigation drifts.

The possible outcomes before charge

If the police decide that the case will not continue, you should be released and told that no further action will be taken – this is sometimes referred to as an “NFA”.

If enquiries remain outstanding, you may be released under investigation. This means that you are not on bail and no bail conditions or fixed return date apply, but the investigation remains open. The police may contact you again and may later charge you. Release under investigation should not be confused with a decision that the allegation has been dropped.

Alternatively, you may be released on pre-charge bail, with or without conditions and with a requirement to return at a stated time and place. Bail must be necessary and proportionate. Conditions may be used to secure attendance, prevent offending or interference, protect people or manage risk. For ordinary investigative bail, the initial applicable bail period is three months; extensions require progressively higher authorisation and, eventually, a court order. Different rules affect the calculation while a case is with the CPS for a charging decision.

Pre-charge bail cannot be imposed following a voluntary interview unless the person has been arrested during the voluntary attendance, which while possible is not a common occurrence.

What happens after charge?

After charge, the starting point is release, either without bail or on bail to attend court. Bail may be unconditional or subject to proportionate conditions.

The custody officer may keep a defendant in custody where a statutory reason applies. Common examples include real doubt about identity or address, a substantial risk of failing to attend court, further offending, interference with witnesses or the investigation, or a need to protect the defendant or another person. If police bail is refused, the defendant should normally be taken to the next available magistrates' court, where bail will be considered afresh.

Why interview strategy matters: two examples

In the alleged domestic violence case mentioned earlier, the allegation was that a husband had caused bruising to his wife's face. The disclosure showed that family members supported the position that no assault had occurred and that the apparent bruising was a long-standing skin condition. A no-comment interview avoided introducing unnecessary inconsistencies into evidence that already pointed away from guilt. The client was released without charge.

In another matter, a shop employee was expected to answer questions about hundreds of mobile-phone contracts processed over several years. Attempting detailed answers from memory risked innocent mistakes being treated as dishonesty. Silence was safer until the relevant documents could be examined. The examples are not rules; they show why the evidence and the person's ability to answer matter more than a blanket policy.

How Chetwode can help

Chetwode Criminal Defence Solicitors can advise before a voluntary attendance, obtain information from the investigating officer, prepare you for interview and attend with you on a privately funded basis. We can also advise after release, monitor the investigation, gather defence material and make pre-charge representations where there is a proper basis for doing so.

Early advice is useful because choices made in the first interview can shape the whole case. We will give a clear recommendation based on the evidence and your circumstances, while ensuring that the final decision remains yours.

Frequently asked questions

Does asking for a solicitor make me look guilty?

No. It is a legal right and a sensible safeguard. Police officers should not try to dissuade you from obtaining advice.

Is legal advice at the police station free?

Free independent advice is available under the police-station scheme for both arrested and voluntary suspects. You may ask for the duty solicitor or nominate a provider which undertakes that work. If you prefer to instruct Chetwode privately, the scope and fee can be agreed before attendance.

Can I leave a voluntary interview?

Yes. A volunteer may leave unless arrested. In practice, it is better to take legal advice before ending an arranged interview because the police may then consider whether arrest is necessary.

Should an innocent person always answer every question?

No. Innocence does not remove the risk of misunderstanding, poor recall, limited disclosure or accidentally supplying evidence. Equally, silence can harm a later defence. The decision must be made on the facts of the case after legal advice.

Can I be charged after release under investigation?

Yes. Release under investigation means the case remains open. Keep your solicitor informed of any police contact and make sure the police have current contact details.

Next steps

If the police want to interview you, do not discuss the allegation informally or try to prepare answers without knowing the evidence. Ask for the officer's details, the alleged offence and the proposed date, then obtain legal advice.

To discuss private representation before or after a police-station attendance, contact Chetwode Criminal Defence Solicitors on 020 8242 4440.

Prompt measured advice can protect your position before avoidable mistakes become part of the evidence.