Police Interviews
Being interviewed by the police for a sexual of domestic offence allegation? Our guide sets out how to prepare for interview, what to say, what not to say and why speaking to a criminal defence lawyer first is critical.
Police interviews are one of the most important stages of a criminal case and are an evidence gathering tool for the police. What is said and done during a police interview is recorded and can be used to assess charging decisions and at any future court proceedings.
Why Police Interviews are Risky (Even if You’re Innocent)
Police are trained to gather evidence, not to “clear things up” as may be suggested when you are invited by the police to be interviewed, or arrested. Anything you say during the interview can be used against you and it is a common misconception for suspects to assume that if they cooperate, they will be fine.
Deciding exactly what to say in interview, or whether to say anything at all, is an important decision and one that should be discussed with your legal representative.
Your Legal Rights During a Police Interview
Your Right to Remain Silent
Many of us know about the ‘right to remain silent’ when speaking with the police. Though in some circumstances, remaining silent can have a negative impact on your case.
Remaining silent in interview can lead any future court to draw an ‘adverse inference’ (i.e. a negative conclusion or understanding of the person’s position) however, in some circumstances it may be appropriate to remain silent to preserve your position, or where there is little or no evidence against you.
You Have the Right to a Criminal Defence Lawyer
One of the most important rights you have is the right to a criminal defence lawyer throughout your time at the police station. This is an ongoing right, and you are entitled to arrest it at any point during your time in police custody, even during the interview if you change your mind and decide you want representation the interview will be paused whilst this right is given to you.
You Can Leave the Station – If you are attending as a volunteer
There are two ways in which you will attend the police station to be interviewed – under arrest or as a volunteer. If you are attending as a volunteer then you will be informed that you have the right to leave the police station at any time. However, officers may consider an arrest in these circumstances to enable them to conduct their investigation.
How to Prepare Before the Interview – Checklist
Ordinarily your legal representatives would obtain all information on your behalf, and this is the most appropriate and advisable way for details of allegations to be obtained.
- Speak to a criminal defence lawyer first. The lawyer can make enquiries for disclosure and advise accordingly.
- Understand what the interview is about.
- Clarify whether the interview is voluntary.
- Prepare to say very little.
The most important step before being interviewed by the police is to seek legal advice, and understand your right to remain silent.
What Not to do in a Police Interview
Trying to explain your side, approaching the police interview to explain your version of events is not advised until you have obtained legal advice and understand the potential case against you.
Guessing or speculating what the police may have or what the complaint is about. Speculation can be dangerous, making decisions and providing comment based on possibilities or assumptions can place you in a vulnerable position.
Omitting small details from any account or response you give to questions, leaving out details which may later prove to be in existence may look like you are trying to hide information from the police, or not present a true account.
Talking to the police without legal advice should be avoided. Specialist criminal defence lawyers have the ability to take a pragmatic approach to the case and foresee evidential issues that may arise from not only the evidence the police have but also any evidence you intend to give to the police by way of police interview.
Believing the police are on your side, this is never the case. The police should not really be on anyone’s side as they should at all times act impartially and fairly. However, as criminal defence lawyers with many years experience, we have encountered police officers who will openly say that they believe the complainant, demonstrating to us that the police are very rarely on the side of the accused.
When Answering Questions may be Appropriate
When you have had your options explained to you by a lawyer and understand the potential outcomes, it may be then determined that answering questions may be appropriate in your circumstances.
It may also be strategically beneficial for you to answer questions in interview, you may have an alibi or evidence to disprove the allegation in its entirety, where this arises answering questions and presenting your defence must be considered, but again discussed with a lawyer beforehand.
At Eventum Legal we strongly advise obtaining legal advice before attending an interview, whether you intend to remain silent or answer questions, which avenue depends on the circumstances of the case and both can bring their disadvantages to your defence.
What Happens After the Police Interview?
There are various possible outcomes following a police interview, the most common is for the suspect to be released from the station with bail conditions, and a date on which they must return to answer to bail. This is the most likely outcome in sexual and domestic offence cases where it is deemed that bail is necessary to protect the complainant, or to prevent the accused from attending a particular place.
The police can release the accused under investigation, this means that there are no bail conditions nor is there a date and time for the accused to return to the station however, the investigation remains ongoing.
No further action, the police can decide relatively quickly whether a case is to be no further actioned and this can happen within short time after the interview.
The accused can also be charged after interview, the police can seek an emergency charging decision from the Crown Prosecution Service (CPS).
Why Interviews Often Strengthen the Prosecution Case
An interview which is not handled correctly can lead to the accused assisting the prosecution and the police by offering evidence that can be turned against them, this is often referred to as self-incrimination, which although is never deliberate on the accused’s part, it can happen unintentionally due to the accused not understanding how what they are saying may harm their defence.
Importance of Early Defence Strategy for Police Interviews
Police interviews must be approached strategically, with consideration being given to the strength of the case against the accused, any further evidence that may arise and how what the accused may want to say could change the direction of the case and further inquiries.
A police interview is not an informal chat, and it is not an opportunity for the accused to give their version of events. It is an evidence gathering exercise and must be treated as a formal and important process in a criminal case.
Do I Need a Lawyer for a Police Interview?
Yes, we would always advise having an lawyer present during your police interview no matter what the circumstances. Lawyers provide the accused with protection, they ensure the law and procedures are applied by the police correctly, and prevent self incrimination. Early advice and the correct approach to interview can prevent charges, and can shape the entire case in favour of the accused.
If you are to be interviewed by the police our team can attend the interview with you and prepare you beforehand. Speak to our team today to discuss your case and how we can progress matters to your advantage.