Can I refuse a police voluntary interview?

Can I refuse a police voluntary interview?

You can refuse to partake as it’s a ‘voluntary’ interview, however, a refusal to attend could prompt the police to arrest you, where you will need to give a “standard interview” in custody. It’s important to note that you are entitled to independent legal advice whether you are giving a standard or voluntary interview.

Can I refuse to be interviewed under caution?

If a suspect declines the opportunity to attend or you do not conduct an interview under caution for any other reason, you will not be able to verbally ask the suspect for their representations. A suspect is not obliged to accept your invitation and may therefore refuse to attend.

What happens if I fail to mention something during a police interview?

However, the caution makes it clear that if you fail to mention something when interviewed which you later rely on in court, this may harm your defence; the court may be allowed to draw adverse inferences from your earlier silence under ss 34-37 of the Criminal Justice and Public Order Act 1994 (CJPOA 1994).

Can a suspect deny charges before an interview?

Unfortunately, this is not the case. The police often anticipate that the suspect will deny the charges before an interview is conducted. Police will have a plan of attack in their questioning designed to back the interviewee into a corner and commit to a particular position.

Can a jury draw adverse inference from a police interview?

This is a massive over-simplification of a complex legal rule. Firstly adverse inference can only be drawn by a judge or jury at trial, not by the police at interview. Secondly, adverse inference on it’s own is not enough to convict someone.

What happens if you refuse to talk to the police?

In some cases however it means the police simply abandon the interview altogether, in the hope that when it gets to court the judge will instruct the jury to draw an adverse inference from the interviewees unwillingness to talk.

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