When can I be interviewed?
In custody after being arrested
This will take place when the officer in case has sufficient evidence available to put to you. This will be recorded. You do not have to answer any questions. See will I have to answer any questions?.
Voluntary attendance at a police station
The police will only arrest you for a suspected offence if it is necessary. If the criteria is not met, you can be asked to attend a location for a voluntary interview. This would normally be a police station and it will be recorded.
Can I speak to a solicitor?
Any one who is arrested or who is being interviewed is entitled to free and independent legal advice. The Legal Aid Agency provides this service. When asked, inform the custody sergeant that you would like to speak to a solicitor. They will contact the Defence Solicitor Call Centre (DSCC). It is your choice whether you wish to have a solicitor present or just take advice over the telephone. You can also ask to have your own solicitor informed. When free advice is not limited to telephone advice, a detainee can ask for free advice from a solicitor they know or if they do not know a solicitor or the solicitor they know cannot be contacted, from the duty solicitor.
In exceptional circumstances, a superintendent may authorise an interview to take place in the absence of a solicitor.
Can I be interviewed after charge?
You can not be further interviewed once charged or informed you may be prosecuted, unless the interview is necessary:
- to provide clarification for any previous answers
- to prevent or minimise harm to other persons
- to allow you to comment on any information that may have come to light since you were charged or informed you may be prosecuted.
The right to free and independent legal advice still applies.