If you have attended a police interview you may now be left with feelings of anxiety, uncertainty and “I should have said that” with hindsight. However, your ability to advance your defence does not end after a police interview. At Eventum Legal we are strong advocates of pre-charge engagement which involves continuous representation and advancing of a client’s defence throughout the time that they remain under police investigation. Therefore, a simple answer to the question of “what should I do after a police interview” is to engage with a specialist defence lawyer and continue defending your position, with a view to influencing the best outcome for you.
Being interviewed by the police — whether voluntarily or under caution — can be a stressful and unsettling experience. Many people leave the police station unsure about what happens next, whether they will be charged, or how long the investigation will last.
If you’ve recently attended a police interview in the UK, what you do next can significantly affect the outcome of your case. This guide explains your position, the possible next steps, and the practical actions you should take to protect yourself.
Police Interviews
Police interviews are an important stage of any criminal allegation and is an evidence gathering tool used by the police. Everything a suspect says in an interview is recorded, and in some instances also video recorded so their mannerisms can be observed. It is therefore important to understand that the way in which the interview is handling can affect the outcome of a case. Early legal advice is essential, and continued advice is strongly recommended.
There are two types of police interviews; an interview when a suspect is under arrest, and an interview which the suspect has attended on a voluntary basis. Both types of police interviews are as equally as important although the term “voluntary” can sometimes be misleading, providing a suspect with a false sense of security and that the matter isn’t serious. If the police ask you to attend any form of interview it is serious, and a criminal allegation has been made against you.
If you do not attend an interview voluntarily, the police may decide to arrest you to enable them to fulfil this necessary line of enquiry. After a police interview under caution the police will proceed with their investigation, whilst the suspect can be left in limbo, wondering what is going to happen next.
What Happens After a Police Interview in the UK?
After a police interview under caution, one of four main outcomes usually follows:
Release Under Investigation (RUI)
If a suspect is released under investigation after a police interview this means that that you are released with no bail conditions, or date to attend back at the police station. You do however remain a suspect in a case, and the police will continue to investigate the complaint against you. The disadvantage to being released under investigation is that you have no date to work towards, which really can increase stress and anxiety levels because you may be waiting for the phone to ring, or for the police to knock at the door.
Police Bail
When a suspect is released on bail following their police interview they will have set conditions to adhere to and a firm date and time to attend back at the police station to answer to bail. Conditions may include:
- No contact with certain individuals
- Not visiting a specific location
- Residency requirements
- Travel Restrictions
This gives dates for a suspect to work towards and to hope for some form of resolution to the investigation. However, it is not as straight forward as this. Bail can be extended in accordance with the Police and Criminal Evidence Act 1984, causing agonising waits for the suspect. Bail can also be changed to being released under investigation, which means even where a suspect is originally bailed and has a firm date to work towards, they may end up being a position where the investigation remains ongoing but bail is removed.
If bail is breached the suspect can be re-arrested and consideration would be given to remanding the suspect where it is necessary.
Charged with an Offence
Following a police interview a decision can be made to charge a suspect. Decisions to charge after interview are usually made in serious cases where the evidence may be overwhelmingly strong. The police can seek an emergency charge decision from the CPS and potentially remand the suspect into custody to appear before the next available Magistrates Court.
No Further Action
The police can also decide that no further action will be taken following interview. Although it is rare for this to happen immediately when a suspect leaves the interview there is the possibility of a swift resolution dependent on the case and its circumstances.
Things You Should Do After a Police Interview
Regardless of which outcome applies to you, there are proactive steps you should take immediately.
Contact a Criminal Defence Solicitor Immediately
Even where you have not been charged or even released on bail it is critical to seek advice from a specialist criminal defence lawyer. Pre-charge engagement allows for continuous communication between you and the police, with your lawyers acting as the “middle man” safeguarding your position and legal interests. At the pre-charge stage of a case, our team will work with you to understand your circumstances and defence, we will articulate that in a way to the police by way of pre-charge representations, a formal document setting out the defence case, any identified evidential difficulties and provide supporting evidence.
Many people mistakenly believe they only need a solicitor if charged. In reality, early strategic advice can prevent a charge in some cases.
Do Not Contact Witnesses or Co-Defendants
Where emotions are high following a police interview it is not unusual to feel panicked, and the need to try and address the allegations made. It is very important you do not do this by attempting to contact witnesses or anyone who may also be accused alongside you.
Follow Bail Conditions
Do not breach bail, adhering to conditions is important and if any breaches occur it could make matters worse, including an arrest and remand into prison.
Keep a Written Record
Following your police interview you should have an informed idea of the allegations being made against you. This enable you to start to piece a time line together and note down information you feel may undermine what the complainant has said.
Preserve Relevant Evidence
This may include messages, emails CCTV, and receipts. What evidence will assist you depends on the circumstances and facts of your case, and whether the evidence is retrievable or even in existence. Our team assist all clients in gathering defence evidence, and will provide full advice on the type of evidence which may assist you.
Avoid Posting on Social Media
Social media can provide crucial evidence in criminal cases, many people post on social media providing the public with an insight in to their life. Whilst the accused may feel the need to express themselves on social media, or to go looking for the complainant and associated witnesses on it, it is strongly advised this action is not take. Anything posted to social media, even if references to the case are indirect, can be used as evidence.
If there is evidence on social media that assists your defence, screenshot it and discuss it with your legal team. At Eventum Legal our team will always be alert to the possible evidence social media can bring to a case.
Prepare for Possible Next Steps
Following a police interview the investigation will continue and, where necessary, a suspect can be re-interviewed. Instructing defence lawyers whilst under investigation will assist you in managing the next steps and processing the procedures involved.
How Long Does it Take for Police to Make a Decision?
There is no fixed timeline in a police investigation and many sexual and domestic abuse offences are not subject to statutory time limits. It is common for offences of this nature to last for months, and in some cases over a year and factors affecting timing include:
- Complexity of the case
- Digital evidence analysis
- Forensic testing delays
- CPS review times
- Volume of evidence
Decisions to place a suspect on bail can be extended, see our guide to bail by clicking here.
The CPS may also play a role in the investigation by providing advice to police investigators, this can arise in particularly complex cases. Most sexual offence and offences arising from domestic allegations require the CPS involvement for charge, the CPS will review the case and apply the Full Code Test, this process in itself can take months to complete.
Can the Police Re-Interview Me?
In short, the answer to this question is yes. It is important you have legal representation at all police interviews, it does not have to be the same representation you had at an earlier interview, you are free to instruct any lawyer you wish to.
The interview can take place on either a voluntary basis or under arrest, it does not matter how your original interview was held. As the case progresses, new evidence may come to light which warrants the need to arrest a suspect.
A further interview often means the case has progressed.
When Should I Contact a Criminal Defence Lawyer?
As soon as you become aware of an allegation being made against you it is vital to seek legal advice as early as possible. Everything that is said and done by a suspect during an investigation can be recorded and used as evidence, therefore starting your case on the right footing is essential to ensure you reach the desired outcome.
At Eventum Legal we have a proven track record of obtaining no further action and avoiding charges for clients, our verified 5 star reviews reflect this.
If you would like to discuss your case confidentially with a member of our team, contact us for a free and no obligation discussion where we hope to provide you with clarity as to what to expect following your police interview.