What Is a Voluntary Interview Under Caution?

A voluntary interview under caution is one where you attend the police station, HMRC offices, or another location voluntarily — without having been arrested. You receive an invitation or request to attend rather than being arrested and taken there. Voluntary interviews under caution are used by the police, HMRC, the Serious Fraud Office, the Financial Conduct Authority, the DWP, and other investigative authorities.

Despite being described as “voluntary”, there is significant pressure to attend. Refusing or failing to attend may result in the investigating authority arresting you, or proceeding to charge or report you without the opportunity to give your account. The investigating authority may also draw adverse conclusions from a refusal to attend.

Before the interview begins, you will be cautioned: “You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”

This caution applies equally to voluntary interviews as to post-arrest interviews. The same rules apply: what you say can be used in evidence, and failing to mention something you later rely on in court can allow adverse inferences to be drawn against you. The “voluntary” nature of attendance does not affect the evidential status of what is said.

You are entitled to free legal advice before and during a voluntary interview under caution, regardless of your income. This is not affected by the fact that you have not been arrested. There is no means test at this stage. You should always exercise this right before answering any questions. David attends voluntary interviews under caution across a wide range of offence types including fraud, HMRC investigations, benefit fraud, and police investigations.

The decision whether to attend a voluntary interview under caution is one that should always be made with legal advice. There are cases where attending and giving a clear account at the earliest opportunity is the best approach. There are also cases where attending without adequate preparation carries greater risk than declining and accepting the consequences. David advises on the specific circumstances of each case before any decision is made about attendance.