Police Want to Speak to Me About a Sexual Offence – What Should I Do?
In this blog, we will share information regarding the question ‘Police want to speak to me about a sexual offence – What should I do?’
JD Solicitors are a fully (SRA) regulated law firm with a team of highly qualified and specialist solicitors. Our solicitors recognise that being investigated or charged with a serious criminal offence is a daunting prospect.
Our specialist advice and reassurance, from the first phone call through to the conclusion of the case, is the bare minimum of what we offer when it comes to our clients.
Do guilty people decline a voluntary police interview?
It is natural to think that all people who decline a voluntary police interview are guilty, but this is far from the whole truth. There may be a host of reasons as to why an individual does not want to attend a voluntary police interview. This can include:
- Having a history of feeling harassed by the police.
- They want to seek legal advice first.
- The details of the allegation are not fully disclosed by the police. (They don’t want to speak about anything they don’t have the full information on).
- Scheduling conflicts – Though this can be fixed with a simple reschedule
- The person may be vulnerable and requires an appropriate adult before being subject to any interview.
- They may not understand the seriousness of a voluntary police interview, and do not understand there may be consequences of refusal.
What should I do if police speak to me about a sexual offence?
How to proceed when an officer approaches you regarding a sexual offence largely depends on whether you have been arrested or not. Regardless, you should always opt to speak to a solicitor in such situations.
Below is a table of how to approach this scenario depending on if you have been arrested or not:
Feature | If you are ARRESTED | If you are NOT ARRESTED (Voluntary interview) |
Location | You will typically be taken to a police station. | You might be approached at home, work, or asked to attend the police station for a scheduled interview. |
Freedom to leave | No. You are detained and cannot leave until released (on bail, under investigation, or charged). | Yes. You are technically free to leave at any time until they formally arrest you. |
Primary action | Immediately state: “I want to speak to a solicitor.” Do not answer any questions about the offence until your solicitor is present. | Immediately state: “I want to speak to a solicitor before answering any questions.” Do not engage in discussion about the offence. |
Right to legal advice | Absolute and free: You have an absolute right to free legal advice before and during any interview. Police must facilitate this before questioning begins. | Absolute and free: The right to free legal advice applies equally. Police must still allow you to speak to a solicitor first, even if not arrested. |
Police caution | Always given: “You do not have to say anything…” Applies to all questions from the point of arrest regarding the offence. | Always given (if questioned as suspect): The same caution applies if they question you as a suspect about the offence. |
Urgency of solicitor | Critical & immediate: Do not delay. Police will provide access to a solicitor. | Critical & immediate: Arrange a solicitor before agreeing to any interview, especially if asked to attend the station. Do not let them persuade you to proceed without one. |
Risk of arrest | You are already arrested. | If you refuse to cooperate or leave the interview, or if evidence emerges during the conversation, police may then arrest you if they have reasonable grounds and deem it necessary. |
Other rights | Right to have someone informed of your arrest, right to medical attention if needed, appropriate adult if vulnerable. | Appropriate adult if vulnerable. No right to have someone informed of your “attendance” (as you’re not arrested yet). |
Evidence tampering | Crucial not to: Do not delete messages, dispose of items. This is a separate, serious offence (perverting the course of justice). | Crucial not to: The same serious warning applies. Do not touch or destroy anything potentially relevant. |
General approach | You are in a formal detention environment. Remain calm, polite, and assert your right to legal advice. Your solicitor will guide you through the process. | While “voluntary,” treat it with the utmost seriousness. Do not be lulled into an informal chat. Your priority is to get legal advice before saying anything about the allegation. Your solicitor can even advise you on whether or not to attend the voluntary interview. |
The absolute most crucial step in both scenarios is to IMMEDIATELY ask for a solicitor, and do not discuss the allegations until they are present and have advised you. The right to free legal advice is always available and paramount for your protection.
Can I refuse a voluntary police interview?
Yes, you can refuse a voluntary police interview, but there may be consequences depending on the situation. Below is an overview of potential consequences:
You can still get arrested:
If you decline the voluntary interview, there is a likelihood that you can be arrested if they have reasonable suscpicion that you’ve committed an offence in relation to the situation they are investigating.
You may put yourself under suspicion:
Depending on how you decline the interview, it can be interpreted that you are hiding something, even if you are actually innocent. This is why speaking to a solicitor before commencing any formal conversation with the police is paramount.
It may affect you in court (if it gets there):
Declining a voluntary interview can be used against you if the case proceeds to court.
The prosecution may argue that your unwillingness to cooperate or provide an explanation at the earliest opportunity harms your defence. This is outlined in the police caution: “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.”
A chance to tell your side of the story:
A voluntary interview allows you to explain your perspective and experience of the situation, which can provide valuable information that can help the investigation. It also can help to prevent formal charges and suspicion on yourself.
Investigation continues:
Even if you refuse, the police investigation will likely continue. They may seek to gather evidence from other sources and could still proceed to charge you without your input.
Sexual offence solicitors
If you are facing criminal charges, JD Solicitors Can Help. JD Solicitors is a respected criminal defence firm known for our successful track record. Our team of experienced solicitors has extensive experience defending clients against a wide range of criminal accusations.
We represent clients throughout England and Wales, and we’re committed to achieving the best possible outcome for your case.
We understand the urgency of seeking legal advice in criminal matters. That’s why we offer a 24-hour call-out service for those detained in police custody. This ensures we can address your needs immediately.
In this blog, we hope to have provided helpful information regarding the question ‘Police want to speak to me about a sexual offence – what should I do?’
