At PCD Solicitors, we find the most significant part of most police investigations takes place at the police station. Usually, a suspect will be in custody after having been arrested, though in some cases, they may attend a police interview voluntarily.
What happens at the police station in the early stages of an investigation is often more important than what occurs later in determining the outcome of a case – meaning most cases can be won or lost at the police station, rather than in court.
Confessions (sometimes false) are obtained from suspects, evidence is gathered, deals are done, and decisions are made which will inevitably influence the course of subsequent events.
However, being asked to voluntarily attend a police station as a suspect, or unexpectedly being arrested and taken to the police station, is a distressing experience. Under such pressure, people may say things and act in ways that they usually would not, compromising the outcome of their interview and potentially their prosecution.
To avoid this, there are a number of rights provided to a suspect whilst they are in police custody that everybody should be aware of before participating in a police interview.
Read on for more information about the fundamental rights afforded to anyone who is attending a police station interview and our advice for this situation.
The purpose of a police interview
The purpose of a police interview is to obtain evidence through questioning someone suspected of committing a crime, or a potential witness to a crime.
This will be a formal interview under caution that everything you say will be recorded and could be used against you later if the case in question goes to court.
Prior to the introduction of the Police and Criminal Evidence Act 1984 (PACE), interviews were conducted very differently, as suspects were not guaranteed the rights and protections that are now afforded to them by PACE.
Failure of the police to adhere to PACE Codes of Practice could result in evidence being deemed inadmissible in court, affecting the defendant’s case.
It is important that any person undergoing a police interview, whether attending voluntarily or under arrest, realises the significance of what they say and do at the police station and how this can impact the future of any possible prosecution.
Voluntary attendance at the police station
When investigating a suspect for a criminal offence, it may not always be necessary or possible for the police formally to arrest a person – for example, if there is insufficient evidence to arrest them as a suspect and detain them at the police station.
In such cases, the police will contact the individual via mail, phone call, or an in-person visit to request they attend the police station for an interview.
Officers may approach suspects and ask them to come in for an ‘informal chat’ – but this ‘chat’ will still be under caution and recorded, so it can be used as evidence against you.
Even when attending a police interview as a volunteer, you are still protected by certain rights specified by PACE. As a volunteer, you are also allowed to leave police custody at any time, unless you are formally told that you are being arrested and detained.
The police do not have to tell a voluntary interviewee what they have been accused of unless they are arrested, which can leave the individual in the dark and vulnerable to making self-incriminating statements without realising it.
Therefore, it is very important to seek legal advice if you receive a request to attend a voluntary interview at a police station.
You will have the same right to legal representation as a voluntary attendee as a suspect under arrest, so you do not have to answer questions without a solicitor present, and can follow a solicitor’s counsel to complete the interview without incident.
Detained at the police station following arrest
When you attend the police station for a voluntary interview, the police can either release you and take no further action, release you under continued investigation, or arrest you and charge you with committing a criminal offence.
A person under arrest has the following primary rights:
- Informing someone of their arrest (which can be delayed if certain grounds are met – e.g. the potential to harm evidence or put another person in danger).
- Consulting in private with a free solicitor, for independent advice.
- Consulting the PACE Codes of Practice.
A person should not be detained unless doing so is necessary to secure or preserve evidence relating to an offence for which they are under arrest, or to obtain evidence through further questioning.
A suspect’s detention in custody is subject to strict time limits, the first applicable time limit being 24 hours. A higher-ranking police officer can extend this to 36 hours, provided certain conditions are met, or a magistrate can extend detainment to a maximum period of 96 hours during fast-moving investigations into serious crimes.
Whilst at the police station, suspects must be kept in suitable conditions and are entitled to 8 hours of continuous rest, free from questioning.
The most important right of all is the right to legal advice. It is extremely important for suspects to take advantage of this fundamental right, whether they are innocent or guilty of an offence, to ensure their responses are in their best interests.
We often have clients who have attended their initial interview alone because "they had nothing to hide" – only for investigations against them to continue, regardless.
Being interviewed by the police
All suspects should be cautioned at the beginning of a PACE interview. Failure to caution could render any information provided to the police during the interview inadmissible.
This means any evidence the police may obtain through questioning could be dismissed and would not be presented before any court of law.
Before commencing an interview, officers should ensure that the suspect is fit for interview. Should there be any doubt as to the person’s mental capacity or medical fitness, a health care provider should be called to assess the suspect.
If a suspect is considered vulnerable, they have the right for an appropriate adult to be present. An appropriate adult cannot provide legal advice, but they should be there to facilitate and aid communication between both parties, and to ensure the suspect understands the questions put to them by the police.
Interviews must be conducted fairly and the officers should not be oppressive by any means. A suspect is entitled to frequent breaks and can choose to stop the interview at any time to consult with their legal advisor.
How solicitors can help in a police interview
While you are entitled to free advice from a duty solicitor at the police station when you attend your interview, you do not get to choose your own legal advisor and do not receive ongoing legal aid, meaning you may not receive the best level of support from a specialist who is fully knowledgeable about the offences you may be accused of.
It is best to hire your own specialist solicitor as early as possible – for example, as soon as you receive a request to attend the police station for a voluntary interview.
Your solicitor can help you to prepare ahead of going to the police station, and will work with you to make sure you fully understand the choices available to you in terms of what you should or should not do and say during the interview.
We take this very seriously at PCD Solicitors. Our role during our time at the police station with a suspect is to protect and advance their legal rights, ensuring a suspect is treated fairly and in accordance with the laws and procedures.
Police interviews with PCD Solicitors
When we arrive at the police station, we will meet with you and the officer(s) who will be conducting the interview. We usually have a private conference with the officer to discuss the pre-interview disclosure, questioning any pre-interview disclosure that lacks substance or clarity.
The disclosure provides us with details regarding what has led to you being interviewed at the police station and the nature of the allegation(s) against you.
We do our best to obtain this information in advance of our attendance to enable us to discuss this with you; otherwise, we must obtain it at the police station.
After our conference with the officer, we will consult with you in private about the allegation. We will advise you on the law and the standard of evidence at this stage of the investigation, then discuss your interview options and the best way forward.
We protect suspects from unnecessary pressure and distress to ensure a false confession is not extracted. Of course, we are well-versed regarding the protections afforded to vulnerable suspects.
We are highly trained in relation to the Police and Criminal Evidence Act and can identify when an officer may be breaching any of its provisions or Codes of Practice, so we can keep an accurate record of the interview and ensure the police are acting fairly and expeditiously at all times.
As defence solicitors, our aim at any investigative stage is to prevent a person from being prosecuted, identifying evidential weaknesses and putting the strongest possible defence forward at the earliest opportunity to avoid charges.
So, if you, a family member, or a friend has been asked to attend the police station or arrested in relation to a sexual offence, please contact one of our specialist defence lawyers for a free and confidential consultation.