A Police Invitation for a Voluntary Interview
Discussion
Voluntary (police) interview. How does that work in terms of not volunteering or failing to agree on a time to attend?
If you cannot align to the proposed dates, but counter-offer alternatives which the officer doesn't reply to until it's too late, what then? What happens if the officer doesn't respond to a proposed date you can attend on?
I read that a 'voluntary interview' can then turn into an arrest if you don't volunteer yourself. Seems a good idea on the surface but if the investigating officer works shifts (and is busy when on shift) how are you supposed to volunteer yourself if not mutually agreeable date can be agreed on because there are huge gaps between communications?
If you cannot align to the proposed dates, but counter-offer alternatives which the officer doesn't reply to until it's too late, what then? What happens if the officer doesn't respond to a proposed date you can attend on?
I read that a 'voluntary interview' can then turn into an arrest if you don't volunteer yourself. Seems a good idea on the surface but if the investigating officer works shifts (and is busy when on shift) how are you supposed to volunteer yourself if not mutually agreeable date can be agreed on because there are huge gaps between communications?
Potentially not going for a voluntary interview “could” lead to an arrest depending on all the circumstances.
I would expect the officer to resort to that after a number of failed attempts to arrange a voluntary interview or having agreed a date and time with the interviewee the interviewee fails to attend.
It should be noted though that alone is not grounds to arrest someone and the necessity to arrest criteria must still be met.
Someone failing to attend for a voluntary interview may go to forming the necessity.
I would expect the officer to resort to that after a number of failed attempts to arrange a voluntary interview or having agreed a date and time with the interviewee the interviewee fails to attend.
It should be noted though that alone is not grounds to arrest someone and the necessity to arrest criteria must still be met.
Someone failing to attend for a voluntary interview may go to forming the necessity.
Jamescrs said:
Potentially not going for a voluntary interview “could” lead to an arrest depending on all the circumstances.
I would expect the officer to resort to that after a number of failed attempts to arrange a voluntary interview or having agreed a date and time with the interviewee the interviewee fails to attend.
It should be noted though that alone is not grounds to arrest someone and the necessity to arrest criteria must still be met.
Someone failing to attend for a voluntary interview may go to forming the necessity.
Which should be made clear by the officer. Also, if asked by the interviewee whether or not they'll be arrested on arrival at the Police station they should confirm whether or not they will be. Over the years I saw a few enticed to the station on the strength of 'it'll only be a quick interview' only to be arrested as soon as they arrive.I would expect the officer to resort to that after a number of failed attempts to arrange a voluntary interview or having agreed a date and time with the interviewee the interviewee fails to attend.
It should be noted though that alone is not grounds to arrest someone and the necessity to arrest criteria must still be met.
Someone failing to attend for a voluntary interview may go to forming the necessity.
Without giving any personal information away, what's the broad nature of the reason for an interview?
IANAL but I would follow this advice and lawyer up
https://www.olliers.com/criminal-law/voluntary-pol...
IANAL but I would follow this advice and lawyer up
https://www.olliers.com/criminal-law/voluntary-pol...
Glassman said:
Voluntary (police) interview. How does that work in terms of not volunteering or failing to agree on a time to attend?
If you cannot align to the proposed dates, but counter-offer alternatives which the officer doesn't reply to until it's too late, what then? What happens if the officer doesn't respond to a proposed date you can attend on?
I read that a 'voluntary interview' can then turn into an arrest if you don't volunteer yourself. Seems a good idea on the surface but if the investigating officer works shifts (and is busy when on shift) how are you supposed to volunteer yourself if not mutually agreeable date can be agreed on because there are huge gaps between communications?
You need a confirmed date for that interview. You can't lawfully be arrested because you didn't turn up IF you didn't confirm that you would be attending.If you cannot align to the proposed dates, but counter-offer alternatives which the officer doesn't reply to until it's too late, what then? What happens if the officer doesn't respond to a proposed date you can attend on?
I read that a 'voluntary interview' can then turn into an arrest if you don't volunteer yourself. Seems a good idea on the surface but if the investigating officer works shifts (and is busy when on shift) how are you supposed to volunteer yourself if not mutually agreeable date can be agreed on because there are huge gaps between communications?
Obviously you can't continue to be tentative about your attendance forever.
Send an email or call in to your local (same force area) police station and get a paper trail started.
You need to agree a date and time, as stated they won't arrest you for non attendance but they could if is they feel it necessary to facilitate prompt and effective investigation .
It depends on a severity of the case and your means if you want to pay for a solicitor or role with a duty brief and be guided by them.
My preference is not to answer questions directly and to state 'no comment' then take the questions in writing and provide a written response with the solicitor. That way no inference can be drawn from your refusal to answer as your not staying silent and your are answering. I have used this myself and advised someone to do this and neither of us ended up with any charges.
This maybe be controversial and most police officers are looking for the truth, however stranger things have been known than an innocent person being interviewed and managing to create some suspicion.
If you take a solicitor be guided by them but if you not sure make a no comment statement or ask to speak to your solicitor alone and discuss and agree what you want to say or not in answer.
The clue is in the caution- You do not have to say anything, but anything you do say.......
However, your silence can be used as an admission of guilt if you:
1) Refuse to answer any questions asked by police
2) Decline to mention something you later rely on in court
3) Fail to account for objects in your possession
4) Can’t account for your presence in a particular location
5) Refuse to testify at trial
It depends on a severity of the case and your means if you want to pay for a solicitor or role with a duty brief and be guided by them.
My preference is not to answer questions directly and to state 'no comment' then take the questions in writing and provide a written response with the solicitor. That way no inference can be drawn from your refusal to answer as your not staying silent and your are answering. I have used this myself and advised someone to do this and neither of us ended up with any charges.
This maybe be controversial and most police officers are looking for the truth, however stranger things have been known than an innocent person being interviewed and managing to create some suspicion.
If you take a solicitor be guided by them but if you not sure make a no comment statement or ask to speak to your solicitor alone and discuss and agree what you want to say or not in answer.
The clue is in the caution- You do not have to say anything, but anything you do say.......
However, your silence can be used as an admission of guilt if you:
1) Refuse to answer any questions asked by police
2) Decline to mention something you later rely on in court
3) Fail to account for objects in your possession
4) Can’t account for your presence in a particular location
5) Refuse to testify at trial
Edited by Responder.First on Thursday 25th January 16:06
Was initially contacted by local police by phone. It showed as a withheld number and given that my phone is one of three numbers listed for my business (suspecting it might be another spam caller) I ignored it in that hope that if it was a genuine - and important - call, the caller will leave a voicemail. They didn't. A second attempt was made and I got suspicious and reacted in the same way.
Several days later, I received an email (at work). It was from the police, sent to the generic info@ address. 'You are required to attend a voluntary interview...', blah-blah-blah. I had to think hard what that might mean and when I realised that it pointed towards something criminal I'm about to be accused of. Again, I thought long and hard about what it could be because there was nothing I could think of that might come close.
I wrote back asking what it was about but was told that this information could not be disclosed however, it was for an allegation of harassment. There is nothing that has happened in my life that could fit the bill. The only think that could come close to this is when I had a disagreement with the parent football club of a team I was managing. They withheld the league winner trophies from my team and despite my various attempts to call (or message) the officers of the club, they ignored me and even went as far as blocking me on FB, Insta and Twitter. I tried talking to people at the club who could ask on my behalf (for the trophies for the players who would have been 13/14 at the time). They refused to comment leaving me well and truly ghosted and the players without trophies. I paid for trophies out of my own pocket and arranged our own presentation day.
In the lead up to this, I was pissed off about the whole matter and saw that I wasn't blocked on LinkedIn so asked the question there. The comment/question got deleted, so I asked again (words to the effect of: 'can you give us our trophies' and 'this is disgraceful behaviour by adults running a kids football club' etc). It became a cat and mouse affair as over a period of time a comment would go up and they would delete. In the end, all comments were disabled. Some time later, the trophies were left outside my assistant coach's house. It was too little too late, but signaled the end of a s
tty episode.
Harassment? Of a footy club?
This is the only possibility of what the allegation might be.
Several days later, I received an email (at work). It was from the police, sent to the generic info@ address. 'You are required to attend a voluntary interview...', blah-blah-blah. I had to think hard what that might mean and when I realised that it pointed towards something criminal I'm about to be accused of. Again, I thought long and hard about what it could be because there was nothing I could think of that might come close.
I wrote back asking what it was about but was told that this information could not be disclosed however, it was for an allegation of harassment. There is nothing that has happened in my life that could fit the bill. The only think that could come close to this is when I had a disagreement with the parent football club of a team I was managing. They withheld the league winner trophies from my team and despite my various attempts to call (or message) the officers of the club, they ignored me and even went as far as blocking me on FB, Insta and Twitter. I tried talking to people at the club who could ask on my behalf (for the trophies for the players who would have been 13/14 at the time). They refused to comment leaving me well and truly ghosted and the players without trophies. I paid for trophies out of my own pocket and arranged our own presentation day.
In the lead up to this, I was pissed off about the whole matter and saw that I wasn't blocked on LinkedIn so asked the question there. The comment/question got deleted, so I asked again (words to the effect of: 'can you give us our trophies' and 'this is disgraceful behaviour by adults running a kids football club' etc). It became a cat and mouse affair as over a period of time a comment would go up and they would delete. In the end, all comments were disabled. Some time later, the trophies were left outside my assistant coach's house. It was too little too late, but signaled the end of a s
tty episode. Harassment? Of a footy club?
This is the only possibility of what the allegation might be.
Why can't you attend? Genuinely not trying to be awkward, but when I invited people for a voluntary interview I used to make it quite clear I was volunteering them a time to come in that worked for me around my other work load and demand, not the other way round, unfortunately.
If people really couldn't attend the station then I'd offer to come and do a contemporaneous interview, but again, if people tried to dodge this it would often leave you with little choice but to arrest them as you generally have to facilitate a prompt and effective investigation as best you can.
If people really couldn't attend the station then I'd offer to come and do a contemporaneous interview, but again, if people tried to dodge this it would often leave you with little choice but to arrest them as you generally have to facilitate a prompt and effective investigation as best you can.
Responder.First said:
You need to agree a date and time, as stated they won't arrest you for non attendance but they could if is they feel it necessary to facilitate prompt and effective investigation .
It depends on a severity of the case and your means if you want to pay for a solicitor or role with a duty brief and be guided by them.
My preference is not to answer questions directly and to state 'no comment' then take the questions in writing and provide a written response with the solicitor. That way no inference can be drawn from your refusal to answer as your not staying silent and your are answering. I have used this myself and advised someone to do this and neither of us ended up with any charges.
This maybe be controversial and most police officers are looking for the truth, however stranger things have been known than an innocent person being interviewed and managing to create some suspicion.
If you take a solicitor be guided by them but if you not sure make a no comment statement or ask to speak to your solicitor alone and discuss and agree what you want to say or not in answer.
The clue is in the caution- You do not have to say anything, but anything you do say.......
However, your silence can be used as an admission of guilt if you:
1) Refuse to answer any questions asked by police
2) Decline to mention something you later rely on in court
3) Fail to account for objects in your possession
4) Can’t account for your presence in a particular location
5) Refuse to testify at trial
An odd way of explaining it and apparently cut / paste from here without acknowledgement:It depends on a severity of the case and your means if you want to pay for a solicitor or role with a duty brief and be guided by them.
My preference is not to answer questions directly and to state 'no comment' then take the questions in writing and provide a written response with the solicitor. That way no inference can be drawn from your refusal to answer as your not staying silent and your are answering. I have used this myself and advised someone to do this and neither of us ended up with any charges.
This maybe be controversial and most police officers are looking for the truth, however stranger things have been known than an innocent person being interviewed and managing to create some suspicion.
If you take a solicitor be guided by them but if you not sure make a no comment statement or ask to speak to your solicitor alone and discuss and agree what you want to say or not in answer.
The clue is in the caution- You do not have to say anything, but anything you do say.......
However, your silence can be used as an admission of guilt if you:
1) Refuse to answer any questions asked by police
2) Decline to mention something you later rely on in court
3) Fail to account for objects in your possession
4) Can’t account for your presence in a particular location
5) Refuse to testify at trial
Edited by Responder.First on Thursday 25th January 16:06
https://hnksolicitors.com/news/right-to-remain-sil...
A suspect can attend the police station with a solicitor of their choice, free of charge, if that solicitor undertakes legal aid work. Free legal advice at the police station is not means tested.
I've had it before when I've asked a colleague to pick up an interview if I can't get a date that works for both me and the person I needed to speak to so that could be an option.
If you want a solicitor let the officer know when you make the appointment and they can sort that for you if you want to use the duty (free) solicitor or failing that bring your own.
Ultimately, you're going to have to sort out a time and get it done.
If you want a solicitor let the officer know when you make the appointment and they can sort that for you if you want to use the duty (free) solicitor or failing that bring your own.
Ultimately, you're going to have to sort out a time and get it done.
Greendubber said:
I've had it before when I've asked a colleague to pick up an interview if I can't get a date that works for both me and the person I needed to speak to so that could be an option.
If you want a solicitor let the officer know when you make the appointment and they can sort that for you if you want to use the duty (free) solicitor or failing that bring your own.
Ultimately, you're going to have to sort out a time and get it done.
Your own choice of solicitor will be free if that solicitor undertakes legal aid work. A common misconception that the duty solicitor is free, otherwise pay.If you want a solicitor let the officer know when you make the appointment and they can sort that for you if you want to use the duty (free) solicitor or failing that bring your own.
Ultimately, you're going to have to sort out a time and get it done.
agtlaw said:
Greendubber said:
I've had it before when I've asked a colleague to pick up an interview if I can't get a date that works for both me and the person I needed to speak to so that could be an option.
If you want a solicitor let the officer know when you make the appointment and they can sort that for you if you want to use the duty (free) solicitor or failing that bring your own.
Ultimately, you're going to have to sort out a time and get it done.
Your own choice of solicitor will be free if that solicitor undertakes legal aid work. A common misconception that the duty solicitor is free, otherwise pay.If you want a solicitor let the officer know when you make the appointment and they can sort that for you if you want to use the duty (free) solicitor or failing that bring your own.
Ultimately, you're going to have to sort out a time and get it done.
Tom1312 said:
Why can't you attend? Genuinely not trying to be awkward, but when I invited people for a voluntary interview I used to make it quite clear I was volunteering them a time to come in that worked for me around my other work load and demand, not the other way round, unfortunately.
If people really couldn't attend the station then I'd offer to come and do a contemporaneous interview, but again, if people tried to dodge this it would often leave you with little choice but to arrest them as you generally have to facilitate a prompt and effective investigation as best you can.
The dates and times the officer proposed weren't good for me (I was out of the country for some, and well, Christmas got in the way too). It's not that I was trying to be awkward; I went back as asked if a Saturday morning was possible as it didn't impact me much. Officer came back and offered more midweek+midday appointments - no Saturday - and Sundays. These dates were all aligned to her shift. The 28th was given as an option and to show my willingness to cooperate, I asked for that but she didn't reply. I then bit the bullet and gave her an ultimatum after she didn't reply for 14 days. Something along the lines of if she doesn't respond by close of business I will assume I am no longer needed and that matter is closed. She called straight away saying that she can no longer offer anything until the 17th Feb because the station interview rooms were not available. If people really couldn't attend the station then I'd offer to come and do a contemporaneous interview, but again, if people tried to dodge this it would often leave you with little choice but to arrest them as you generally have to facilitate a prompt and effective investigation as best you can.
I insisted on the 28th because it's not my problem the rooms were not available so now I'm going to another station 15 miles away.
mickythefish said:
I wouldn't go without a solicitor.
Agreed. It's not an interview to build your defence, it's to gather evidence against you.My brother was invited for an interview about an accident that didn't happen (was a near miss). The police were only interested in following up on the report, not looking at evidence to the contrary.
My brothers solicitor advised a written statement and "no comment" to any further question. The questions ìn the interview were leading. As an example asking hom "what colour was the other car in the collision?" There was no collision!
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