Increasingly, suspects are not arrested but are invited to attend police stations voluntarily for interview. The suspect, not being under arrest, is free to leave at any time. The interview is normally recorded and takes place under 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.
Such an interview, conducted under caution but not under arrest, is known as a “Caution Plus 3” interview.
Anything said during such an interview can later be used as evidence in the same way as if the suspect had been under arrest when interviewed.
Suspects who are to be interviewed will usually benefit from legal advice. This applies whether the interview is to take place under arrest or under the “Caution Plus 3” procedure. In England & Wales, legal advice at police stations is always free, regardless of the suspect’s financial circumstances.