The Voluntary Interview Strategy.
Strategic advice on voluntary police interviews. Why this is a critical decision point.
Chambers UK 2025, Crime
"He has such good judgement, really gets involved with the case and fights for his client's best interests."– Chambers UK, 2025
The "voluntary" police interview is a critical juncture in any investigation. It is formal, recorded, and evidentially significant. For many professionals, it represents the first, and sometimes only, opportunity to directly address the allegations before a charging decision is made.
Preparation and Strategy
Attending an interview without meticulous preparation is a fundamental error. Our approach focuses on establishing control before the interview begins.
1. Securing Pre-Interview Disclosure
Craig negotiates robustly with investigators to obtain advance disclosure: a summary of the allegations and the evidence they hold. This is not an automatic right, and investigators often attempt to withhold crucial details to maintain a tactical advantage.
2. Analysing the Disclosure
Once disclosure is obtained, Craig analyses it against your account, identifying the specific legal elements the police must prove and the evidential gaps in their case.
3. Determining the Approach
Based on the disclosure and his analysis, Craig advises on the optimal strategy:
- Answering Questions: Appropriate when you have a clear, verifiable defence and the police have provided adequate disclosure.
- Exercising the Right to Silence: Necessary when disclosure is inadequate, or when answering questions would inadvertently assist the investigators in building their case.
- The Prepared Statement: A powerful strategic tool. A carefully drafted written statement outlining your defence is submitted, followed by a "no comment" interview. This places your account on record, demonstrating cooperation, while protecting you from unscripted cross-examination.
Related Situations
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.
Defending Criminal Investigations: The Ultimate Guide
A comprehensive strategic guide to defending police and pre-charge criminal investigations in England and Wales: fifteen chapters from first allegation to final outcome.
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.
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?
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.