Q&A - Do I need a solicitor if I am invited for police interview on a voluntary basis?

Q: Last month I was involved in an accident along the main road near where I live when I was driving to work. Today I got a phone call from the Police. They said they were contacting me because they wanted me to make an appointment to go to the police station for interview. They said I was being asked to go in for interview on a voluntary basis. Do I need a solicitor?

A: It is becoming increasingly frequent for the Police to conduct Interviews under Caution on a voluntary basis and not under arrest. We cannot emphasise enough that you should always arrange for a solicitor to attend the interview with you. Being interviewed on a voluntary basis isn’t just a formality or having a quick word with the Police. It is as serious as if the police had arrested you to carry out the interview. Even if you are not arrested, criminal proceedings may still be brought against you.

Regardless of your income, means or assets and regardless of the nature of the allegation, everyone is entitled to free and independent legal advice at the Police Station. Why would you not avail yourself of free advice from a qualified representative?

Being interviewed at a police station can be a very daunting and intimidating experience. The risks of making a mistake by not having legal representation could affect you for the rest of your life. Having the advice and assistance of a competent solicitor representing your interests at such time will assist greatly in alleviating this. It will also to ensure the best possible outcome.

At GHP Legal, we have a representative available 24 hours a day, 7 days a week. You should always contact a law firm if you need advice or representation in such circumstances.

Article 18/02/2019

Emma Simoes

Emma Simoes


Emma Simoes is a Partner and Joint Head of our Criminal & Prison Law team and is based in our Wrexham office