The Voluntary Interview: A Critical Strategic Juncture.
A request to attend a "voluntary interview" (or "caution plus 3" interview) is a formal part of a criminal investigation. It is not an informal chat to clear things up. It carries the same evidential weight as an interview conducted under arrest in police custody.
The Reality of the Voluntary Interview
The term "voluntary" is misleading. While you are not under arrest and are free to leave at any point, the interview is conducted under caution. Everything you say will be recorded and may be given in evidence. If you decline to attend, the police may escalate the matter by deciding that your arrest is "necessary" to secure your interview.
Why Early Legal Advice is Crucial
For professionals, executives, and business owners, the voluntary interview is often the single most important event prior to any charging decision. Navigating it successfully requires meticulous preparation and a clear strategy.
- Pre-Interview Disclosure: An experienced strategic adviser will negotiate with investigators to obtain advance disclosure (details of the allegations and the evidence held) before you ever sit down for the interview.
- Developing a Strategy: Based on the disclosure, we determine the optimal approach: whether to answer questions, remain silent, or submit a carefully drafted prepared statement.
- Controlling the Narrative: A poorly handled interview can irreparably damage your defence. A strategically managed interview can expose weaknesses in the prosecution's case and lay the groundwork for avoiding charges entirely.
The Risks of Attending Unrepresented
Attending a voluntary interview without specialist representation is extraordinarily high-risk. You will be operating at a significant informational disadvantage against trained investigators whose objective is to gather evidence to support a prosecution.
Frequently Asked Questions
Should I just answer their questions to show I have nothing to hide?
Never without legal advice. Even truthful answers, given without understanding the full context of the investigation or the specific legal elements of the suspected offence, can inadvertently provide investigators with the evidence they need.
What is a prepared statement?
A prepared statement is a written document setting out your account of events or your defence, which is read out (or handed in) at the beginning of the interview. You then typically exercise your right to silence in response to subsequent questions. This allows you to place your defence on record while avoiding the risks of unscripted cross-examination.
Are You A...
Your profession shapes both the risk and the strategy. See how Craig works with regulated professionals.
Related Services
Frequently Asked Questions
Suggested Reading
The Voluntary Interview: A Strategic Guide
Everything you need to know before attending a voluntary police interview. Rights, risks, preparation and strategy.
Understanding Criminal Investigations: A Strategic Guide
The definitive guide to criminal defence in England and Wales for professionals. What to expect, how to protect yourself, and how strategic defence works.
Police Search Warrants: A Strategic Guide for Homes, Businesses and Professionals
A strategic guide to police search warrants in England and Wales: the powers behind a search, what can be seized, privileged and protected material, and why the period immediately after the search may be decisive.
The wider picture
What else could this affect?
An investigation rarely stays in one place. These are the areas that, depending on the facts, may also need to be considered.
Your liberty
A criminal investigation can carry the risk of arrest, bail conditions or, ultimately, prosecution; the position should be assessed early.
Your record
The outcome of an investigation may affect whether a criminal record arises, which can have consequences that reach well beyond the case itself.
Your reputation
An allegation, even one that is never charged, can create reputational exposure that benefits from a considered, strategic approach.
Your employer
An employer may become aware of, or need to consider, the allegation; the timing and approach can matter a great deal.
Your regulator or professional body
A regulator or governing body may take an interest in the same facts, and whether or when to engage should be considered with advice.
Before you act
The decision you may be facing next
People in your position often face one of these decisions before anything else. Each one is best made with advice, not under pressure.
Should I agree to attend an interview?
Should I answer questions in interview?
Should I provide documents that have been requested?
expertise
Early Intervention Changes Outcomes
Engaging specialist counsel before formal proceedings begin consistently produces better outcomes for clients.
access
Direct Partner Access
Your case is led personally by Craig MacKenzie. You have direct access to your solicitor, with all key decisions, strategy and advice provided at partner level. Behind the scenes, Craig is supported by an experienced legal team to ensure your case is progressed efficiently without compromising on the quality of advice.
confidentiality
Professional Confidentiality
Enquiries and instructions are handled with the professional confidentiality obligations that apply to solicitors. Client matters are not discussed with third parties.
Do You Require Advice About Your Circumstances?
This material provides general information and is not a substitute for advice about a specific investigation or case.
Craig provides legal services exclusively through Forbes Solicitors. To make an initial enquiry, contact Craig at:
craig.mackenzie@forbessolicitors.co.uk
An enquiry does not constitute an instruction. Forbes Solicitors must confirm in writing that it has accepted the matter before any solicitor–client relationship arises.