What is a Caution Plus 3 – Voluntary Police Interview?

It is important to understand that a Voluntary or Caution Plus 3 Police Interview is actually an interview whereby you are a SUSPECT in a CRIMINAL INVESTIGATION.

The interview is no different to when you are arrested and the same Caution still applies in that: –

“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.”

Your main rights are outlined in the Police and Criminal Evidence Act 1984 and the Codes of Practise.

You must be informed that: –

• You are not under arrest
• You are free to leave at any time (albeit if you do they will consider whether there is a necessity to arrest)
• You are ‘entitled’ to legal advice

In our experience in dealing with voluntary interviews on a daily basis it has become apparent that most officers will play down this process and make you feel like you are attending to simply assist in there investigation. YOU ARE NOT!

You are a suspect not a witness. If you are in doubt about whether you are a witness or a suspect get a lawyer to contact the police and find out for you.

It is also questionable as to whether your rights are properly administered over a quick phone call to invite you in.

This is again different to being arrested and taken into a custody suite whereby the booking in process is carefully monitored.

You may also be informed that if you do not comply with this process then you maybe arrested. This then defeats the idea of it being a voluntary process and makes it that of a compulsory one. If these threats are made get a lawyer to contact the police for you they may not have enough evidence to arrest you.

Furthermore even if invited in for what you believe to be a Voluntary Police Interview Process it may become apparent that there is a necessity to arrest upon arrival in accordance which Code G of the Police & Criminal Evidence Act.

The lesson here is to therefore have legal representation by your side from the very outset when first contacted by the police.

We will be by your side to minimise the chances of any prosecution.