Can I refuse a police interview UK?

Asked by: Dr. Colt Wiza PhD  |  Last update: September 30, 2022
Score: 4.6/5 (12 votes)

You can refuse to partake as it's a 'voluntary' interview, however, a refusal to attend could prompt the police to arrest you, where you will need to give a “standard interview” in custody. It's important to note that you are entitled to independent legal advice whether you are giving a standard or voluntary interview.

Can I decline a police interview?

You are allowed to refuse to do a formal police interview at the police station. You need to remember that the purpose of a police interview is to gather evidence about the case that can then be used by them to charge those people involved in a crime.

What happens if you say nothing in a police interview?

The most obvious benefit to saying “no comment” in a police interview is that you will not be adding an immediate strength to a prosecution case. In certain situations, this may leave a prosecution with insufficient evidence to charge you.

Can I refuse to attend a voluntary police interview?

The first thing to note is that just because it is called a 'voluntary' interview, doesn't mean you should simply refuse to attend. Although you can say no, this could result in the police deciding to arrest you so they can carry out a standard police interview instead.

Can you stay silent in a police interview?

You will be cautioned before the interview takes place which outlines that anything you say can be used in evidence against you and that you have a right to remain silent in the interview (ie, refuse to answer any or all questions).

What to do if the police want to talk to you? | Legal advice | Martin Cray & Co. Solicitors

19 related questions found

Do I have to answer police questions UK?

You don't have to answer any questions the police officer asks you, unless the officer suspects you are linked to an offence. The fact that the police may have stopped someone does not mean they are guilty of an offence.

Can you be charged without interview?

Can I be charged without being interviewed? A police interview takes place because the police need evidence in order to be able to charge a suspect. Therefore, unless you have been directly caught committing a crime, no charges can be brought without going through the process of an interview.

Do I have to talk in a police interview?

The police will caution you at the start of the interview by saying: You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.

Is a voluntary police interview serious?

As we mentioned above, a voluntary police interview is a serious matter, and what you say during the interview can be used as evidence in future. It is important that you do not underestimate the seriousness of the situation, nor mistakenly think that, because the interview is voluntary, it is an “informal chat”.

What to do if police ask you to come in for questioning?

If the police come and ask you questions:
  1. Make sure they're actually a police officer. If you're not sure, you can politely ask for their proof of identity.
  2. You can find out why the police have stopped you, if you aren't told when you're stopped, ask why and whether you're under arrest.

Can I remain silent UK?

You do not have to say anything. But, it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”

What happens after a voluntary police interview UK?

After a voluntary interview is concluded, the police will either continue making enquiries into the alleged offence or report you for summons. This means that a decision will be made based upon the evidence in the case and the account you have provided in your interview.

How do you stay silent in police questioning?

Staying silent during police questioning

If you want to invoke your right to remain silent, simply staying silent may not work. If you go this route, officers may continue to question you until you say something incriminating. Instead, you likely want to express your intentions in a clear and unambiguous way.

Can the police make you do an interview?

Remember, you have the right to refuse an interview by a police officer.

Can you walk out of an interrogation?

In general, you do not have to talk to law enforcement officers (or anyone else), even if you do not feel free to walk away from the officer, you are arrested, or you are in jail. You cannot be punished for refusing to answer a question. It is a good idea to talk to a lawyer before agreeing to answer questions.

What happens in a police interview UK?

In the interview itself, you will be asked questions related to a specific offence or offences that the police suspect you of being involved in. However, they may also ask you broader questions related to, for example, your personal life, your work, or your relationships.

Is it an offence not to help a police officer UK?

Refusing to assist a constable is an offence under the common law of England and Wales.

How long can you be under investigation by police UK?

In the majority of cases, the police can detain someone without charge for 24 hours, but this can be extended to 36 or 96 hours if they're suspected of a serious crime.

What happens after voluntary police interview?

What Happens After The Voluntary Police Interview? Once interviewed by the police under caution, the officer dealing will then refer the matter to their sergeant to review and make a decision.

Do you have to let police into your home?

In general the police do not have the right to enter a person's house or other private premises without their permission. However, they can enter without a warrant: when in close pursuit of someone the police believe has committed, or attempted to commit, a serious crime, or. to sort out a disturbance, or.

How do you know if the police are investigating you UK?

Although police investigations begin from the initial report of an allegation, an individual will only know that they are being investigated once the police have contacted them. This can either be once the individual has been arrested or if they are contacted to attend a voluntary interview with the police.

Can you record a police officer without permission UK?

Is Filming the Police Illegal UK? Any member of the public can film a police officer on the streets without asking permission. There is no UK law stopping anyone filming activities in a public place. All police forces in Great Britain adopt the Metropolitan Police guidelines on photography.

Can you be rude to a police officer UK?

There is no specific offence of swearing at a police officer, and in fact it is not a specific crime of swearing in public, only of causing “harassment alarm or distress” under the Act mentioned above. This requires some evidence of an individual being, or being likely to be, offended by the language used.

Can police go through your phone UK?

Typically, no, unless the police use legal search powers. For example, the police may use a piece of law called Section 49 of the Regulation of Investigatory Powers Act 2000 (RIPA) which makes it an offence if you refuse to provide access to your phone.

Can I remain silent in an interrogation?

Before I ask you any questions I must tell you that you have the right to remain silent. This means you do not have to say anything, answer any question or make any statement unless you wish to do so. However, if you do say something or make a statement, it may later be used as evidence.