Can I refuse a police interview UK?

You can refuse to partake as it's a 'voluntary' interview, however, a refusal to attend could prompt the police to arrest you, where you will need to give a “standard interview” in custody. It's important to note that you are entitled to independent legal advice whether you are giving a standard or voluntary interview.

Can a suspect refuse an interview?

Your right to silence is found under s89 of the Evidence Act NSW 1995. It is the law. You can tell police that you do not want to be interviewed. This is part of your right to silence.

Can you stay silent in a police interview?

You will be cautioned before the interview takes place which outlines that anything you say can be used in evidence against you and that you have a right to remain silent in the interview (ie, refuse to answer any or all questions).

Can police make you go for a voluntary interview?

Not uncommonly, the police believe someone may have committed a crime but cannot justify arresting them as it is not strictly necessary to do so. Thus, they will invite the suspect to attend a voluntary interview.

Can you be charged without being interviewed UK?

There is no express legal requirement that a person suspected of having committed an offence must be interviewed under caution before any decision as to whether to prosecute is taken.

Police interview

What happens if you refuse a police interview?

You can refuse to partake as it's a 'voluntary' interview, however, a refusal to attend could prompt the police to arrest you, where you will need to give a “standard interview” in custody. It's important to note that you are entitled to independent legal advice whether you are giving a standard or voluntary interview.

What happens if you say no comment in a police interview?

The most obvious benefit to saying “no comment” in a police interview is that you will not be adding an immediate strength to a prosecution case. In certain situations, this may leave a prosecution with insufficient evidence to charge you.

Do I have to answer police questions UK?

You don't have to answer any questions the police officer asks you, unless the officer suspects you are linked to an offence. The fact that the police may have stopped someone does not mean they are guilty of an offence.

Can you refuse to attend an interview under caution?

Other enforcement agencies with the power to conduct interviews under caution do not have the power to arrest suspects, so they can only invite you to be interviewed voluntarily. You have the right to refuse, but this may lead to you being arrested.

Should I take a solicitor to a voluntary police interview?

You are entitled to free legal advice and representation during a voluntary interview. The exception is if you have previously had advice from a solicitor for the same matter. With legal representation you will be better informed and may increase your chance of a better outcome.

What happens after a voluntary police interview UK?

After a voluntary interview is concluded, the police will either continue making enquiries into the alleged offence or report you for summons. This means that a decision will be made based upon the evidence in the case and the account you have provided in your interview.

Does the UK have right to remain silent?

The right to silence in England and Wales is the protection given to a person during criminal proceedings from adverse consequences of remaining silent. It is sometimes referred to as the privilege against self-incrimination.

What happens in a police interview UK?

In the interview itself, you will be asked questions related to a specific offence or offences that the police suspect you of being involved in. However, they may also ask you broader questions related to, for example, your personal life, your work, or your relationships.

Do I have to attend a police interview?

A voluntary police interview or interview under caution is a formal conversation with police that usually takes place at a police station. You do not have to attend and you can leave at any time once the interview has begun.

Should I go to police interview?

Do I Have To Go. The police will try to make you feel as if you must show up for a police interview. However, you are not legally required to go. That being said, if you fail to appear there is a possibility that the police will locate and arrest you.

What is the point of a police interview?

What is the Purpose of a Police Interview? Police interviews are used to obtain evidence by questioning. The evidence comes from the answers you give and anything said may be given in evidence. The summary of an interview always forms part of the prosecutions case not the defence.

Can you be charged without interview?

It is possible to be charged without a police interview in some circumstances. Examples include when the person waives their right for interview in custody, or when the person is deemed unfit for interview by an independent expert (due to mental illness or intoxication).

What to do if police ask you to come in for questioning?

Why is a police interview under caution?

The police are increasingly asking people suspected of committing a criminal offence to attend the police station voluntarily for an interview under caution rather than arresting them. Such interviews have various names, they can be called an interview under caution, a voluntary interview or a caution plus 3 interview.

What are your rights in the UK when stopped by police?

Your rights, and the law

Most of the time, you have the legal right to refuse to answer and just walk away. Usually, under 'stop and account', the police officer or PCSO doesn't have the power to force you to stay. You can't be searched or arrested just because you refuse to answer their questions.

Can you record police in UK?

The police have no power to stop you filming or photographing officers on duty. Recording film footage on a police incident, or taking photographs of their actions, is not illegal.

Can you be rude to a police officer UK?

There is no specific offence of swearing at a police officer, and in fact it is not a specific crime of swearing in public, only of causing “harassment alarm or distress” under the Act mentioned above. This requires some evidence of an individual being, or being likely to be, offended by the language used.

How do you stay silent in police questioning?

Staying silent during police questioning

If you want to invoke your right to remain silent, simply staying silent may not work. If you go this route, officers may continue to question you until you say something incriminating. Instead, you likely want to express your intentions in a clear and unambiguous way.

Is an interview under caution serious?

Although less formal, and not always at a police station, an interview under caution is no less serious than an interview under arrest. It is vital that you receive independent legal advice as soon as you are able to do so.

Why are you allowed to say no comment?

It is simply a device for a suspect to indicate that they have no intention of answering police questions. It allows the police to put questions and the interview to progress easily.