Can I Leave a Voluntary Police Interview?

Understanding Voluntary Interviews

A voluntary interview (also known as a "voluntary attendance" or "interview under caution") is when you attend a police station to be interviewed without being under arrest. You are free to leave at any time, but the interview is still conducted under caution, meaning anything you say can be used as evidence in court.

The key difference between a voluntary interview and an interview following arrest is that you are not legally detained. You have chosen to attend, and you retain the freedom to leave, though the police may choose to arrest you if you attempt to leave and they have grounds to do so.

Your Right to Leave

Because you are not under arrest during a voluntary interview, you have the right to leave at any point. This means:

• You are not being detained against your will
• You can end the interview and walk out of the police station
• The police cannot physically prevent you from leaving (unless they arrest you)
• You should inform the police that you are leaving rather than simply walking out

However, it is important to understand that leaving a voluntary interview does not mean the investigation ends. The police may continue their investigation and may arrest you later if they obtain sufficient evidence.

What Happens If You Leave

If you decide to leave a voluntary interview, several things may happen:

1. The Interview Ends

The immediate interview will stop, and you are free to leave the police station. The police cannot continue questioning you once you have left.

2. You May Be Arrested

If the police have reasonable grounds to suspect you of an offence, they may arrest you as you leave or shortly afterward. Once arrested, you would be detained and could be interviewed again, but this time as a detained person rather than a voluntary attendee.

3. The Investigation Continues

Leaving a voluntary interview does not end the police investigation. The police may continue to gather evidence, speak to witnesses, and may contact you again in the future. They may also apply for a warrant for your arrest if they believe they have sufficient evidence.

Before Attending a Voluntary Interview

It is highly advisable to take certain steps before attending a voluntary interview:

• Seek legal advice: Contact a solicitor before attending, even if the interview is voluntary
• Understand your rights: You have the right to free legal advice at the police station
• Arrange for a solicitor: You can arrange for a solicitor to attend with you, or use the duty solicitor
• Consider the implications: Anything you say can be used as evidence, even in a voluntary interview

Many people mistakenly believe that because an interview is "voluntary," it is less serious or they don't need legal representation. This is not correct. Voluntary interviews are conducted under the same caution as interviews following arrest, and the consequences can be equally serious.

When Should You Leave?

There are several situations where you might consider leaving a voluntary interview:

• You feel unwell or need medical attention
• You need to consult with your solicitor privately
• You do not feel able to continue
• You wish to take legal advice before answering further questions
• The police are not following proper procedures

If you do decide to leave, it is best to inform the police clearly that you are ending the interview and leaving. Simply walking out without explanation may be viewed unfavourably and could influence the police's decision about whether to arrest you.

Common Misunderstandings