What to do if…
you receive a request to attend a formal interview as a witness and you fear you could self-incriminate
Short answer
Don’t attend or answer questions until you’ve had legal advice: get the request in writing, confirm whether you’ll be cautioned or treated as a suspect, and arrange a solicitor (including the duty solicitor if it’s at a police station).
Do not do these things
- Do not “just go in to clear it up” on your own, even if they say you’re only a witness.
- Do not give an “off the record” account, informal chat, or written statement without advice.
- Do not guess, fill gaps, or agree with suggestions to be helpful.
- Do not volunteer to unlock devices, share passwords, or “consent” to searches without legal advice (you can say you want a solicitor first).
- Do not delete messages, call logs, photos, or notes after contact from police.
What to do now
- Confirm where in the UK this is happening (England & Wales vs Scotland vs Northern Ireland).
If you’re in Scotland or Northern Ireland, procedures and rights notices differ. Treat this as high-risk and get local legal advice before you attend or answer anything. - Pause and switch to written communication. Ask for the officer’s name, station/unit, and a callback number. Request the interview details in writing, including:
- whether it’s at a police station and whether it’s described as voluntary,
- the topic / alleged offence type and time period,
- whether you will be interviewed under caution or as a witness.
- Ask the key question plainly: “Am I being treated as a suspect, and will I be cautioned?”
If they won’t answer clearly, assume higher risk and do not attend without a solicitor. - Get legal advice before any interview.
- For a police station interview (including voluntary attendance in England & Wales), ask for free legal advice and request the duty solicitor if you don’t already have one.
- If they suggest a phone interview or meeting elsewhere, say you will only speak after you have a solicitor arranged.
- If you attend voluntarily (England & Wales), keep control of the “stop button.”
- Start by asking: “Am I under arrest, or am I free to leave?”
- If you are told you’re free to leave, you can still choose to end the interview until your solicitor is present.
- If you are told you’re not free to leave (or the situation changes), say you want legal advice immediately and stop discussing the facts.
- Use a firm holding line if they press for speed:
“I’m not refusing to cooperate, but I’m not attending or answering questions until I’ve had legal advice. Please send the details in writing.” - Make a clean record now (for you/your solicitor only). Write down:
- who contacted you, when, and how,
- what they said the interview is about,
- any deadlines, and what they asked you to bring.
Keep it factual and dated. Don’t speculate.
- Keep your communications safe. Don’t discuss details in texts/DMs. If you need support, keep it to: “Police contacted me; I’m getting legal advice,” without facts.
What can wait
- You do not need to decide today whether to “fully explain everything.”
- You do not need to prepare a detailed written timeline or statement right now.
- You do not need to hand over devices/documents or agree to searches on the spot without advice.
- You do not need to judge whether you’ve “done something wrong” before speaking to a solicitor.
Important reassurance
It’s common for someone to be called a “witness” early on and still have personal legal exposure. Pausing, getting advice, and insisting on a proper process is a normal safety step.
Scope note
This is first-step guidance to reduce risk in the first contact. Next steps depend on whether this is a police-station interview, whether you’ll be cautioned, and which UK nation you’re in—those details are exactly what a solicitor can clarify.
Important note
This guide is general information, not legal advice. Police processes differ across the UK and by circumstances. If there’s any chance your answers could incriminate you, the safest default is to get legal advice before attending or answering questions.
Additional Resources
- https://www.gov.uk/arrested-your-rights/legal-advice-at-the-police-station
- https://www.gov.uk/government/publications/voluntary-police-interview-your-rights/remember-your-rights-voluntary-interview-accessible-version
- https://www.gov.uk/government/publications/voluntary-police-interview-your-rights
- https://www.gov.uk/government/publications/pace-code-c-2019/pace-code-c-2019-accessible
- https://library.college.police.uk/docs/NPCC/Voluntary-interview-guidance-2024.pdf
- https://www.legislation.gov.uk/ukpga/1984/60/section/58