If you or a family member has been contacted by the police and asked to attend a voluntary interview (sometimes referred to as a caution +3 interview), it can feel daunting and confusing. You may be wondering whether you have to attend, what happens when you get there, and whether you should have a solicitor with you.
At KMC Legal, our criminal defence team deals with these situations every day. Here’s what you need to know.
Do I Have to Attend?
A voluntary interview is, as the name suggests, voluntary. It is an agreement to attend a police station (or another venue) to be interviewed about an alleged offence.
You are not legally required to go. However, refusing to attend may give the police grounds to arrest you so they can carry out the interview. In many cases, it is better to engage with the process — but always with proper legal advice first.
Our solicitors can speak to the police on your behalf, check whether there is good reason for an interview, and advise you on the best course of action.
What to Expect at a Voluntary Interview
When you attend a voluntary interview:
- You are not under arrest, and you are free to leave at any point.
- Your solicitor will first obtain a disclosure from the police. This is information about the allegation, including any evidence such as CCTV, photos, or witness statements.
- You will then have a private consultation with your solicitor. This is your opportunity to review the disclosure, explain your account, and receive clear legal advice.
- During the interview, the police will ask you questions under caution. This means anything you say can be used as evidence.
- Your solicitor cannot answer the questions for you but will ensure the interview is fair and that your rights are fully protected.
A voluntary interview carries the same weight as an interview conducted after an arrest. What you say — or choose not to say — can influence whether the case goes further.
After the Interview
Once the interview ends, you are free to leave and will not be placed on bail.
Your solicitor will stay in contact with the police and update you as the investigation progresses. In some cases, further steps may be necessary, such as gathering alibi evidence, asking the police to review CCTV, or providing defence witness statements. Our team will advise you on the best approach for your case.
Do I Really Need a Criminal Defence Lawyer?
It’s a common misconception that only people with something to hide need a lawyer at a police interview. This is not true.
Everyone who attends a police interview has the right to free, independent legal advice, no matter what the allegation is. In practice, having a solicitor with you means:
- You are correctly advised on whether to answer questions, remain silent, or provide a prepared statement.
- You have someone safeguarding your rights during the interview.
- You have a better chance of stopping the case from progressing unnecessarily.
Depending on your circumstances, you may choose to rely on legal aid or pay privately for more in-depth representation. We can discuss both options with you.
How KMC Legal Can Help
If you have been arrested or invited to a voluntary interview, it is vital to have an experienced solicitor in your corner. Our criminal defence team is available 24/7 to provide immediate advice and representation.
Call us on 0800 9494 667
Or complete a new enquiry form via our website: www.kmc-legal.co.uk
KMC Legal – Always in Your Corner.
