It is important to understand that when being interviewed by the police under Caution you are a ‘suspect’ in a Criminal Investigation/Allegation.
The purpose of an interview is to give the individual the opportunity to advance any defence that they may choose to rely on at a later date.
The Caution which is given at the start of an interview states that:-
“You do not have to say anything, but it may harm your defence if you do not mention when questioned something you may later rely on in Court, anything you do say may be given in evidence.” This is very important and will have to be explained in full by your legal advisor.
Over recent years there has been changes to the way in which the police deal with people in that there is more need for interviews to take place on a Volunteer basis due to the limited number of Custody suites now open.
If there is no necessity to make an arrest the police will more than often interview ‘out of Custody’ at the local police station which only requires an interview room. They may even want to interview you at home.
As you are attending as a Volunteer there is an option whereby can you refuse to attend or to actually be interviewed.
In this instance the police will have to make a decision on the ‘necessity’ to arrest you in order to progress and advance their investigation.
If attending as a Volunteer it will have to be considered at the time and dependent on the case/individual concerned as to whether an interview goes ahead. You must seek advice on this.
In arranging a Voluntary Interview the police would generally either phone, write to or attend the Suspects address to invite them in.
It is very important at this point to get in contact with us so that we can attend with you.
If necessary we can even contact the officer on your behalf to make arrangements for this to take place.