How's a police interrogation going?

If you are interrogated by the police, of course there is a reason. This may be because you have been identified as a witness, but also as a suspect. This blog is about how an interrogation with the police takes place. In most cases you will receive a letter with an invitation for the interrogation before the interrogation. Sometimes it will also tell you what you are suspected of and whether the police intend to arrest you. You may also be questioned after you have already been arrested by the police.

At the beginning of the interrogation, the police will go through your personal details, point out your rights (see below) and inform you of what you are suspected of. An interrogation often consists of two parts, namely a 'social interrogation' and a 'case based interrogation'. The social interrogation is about your personal circumstances such as your relationship, home, work, income, etc. The most important reason for this is so that the public prosecutor and/or the judge can take this into account. The case based interrogation concerns the suspicion itself. Questions may seem innocent during both the social interrogation and the case based interrogation, but the answers may still burden you. Just mentioning your phone number, for example, may result in the police linking you to the police (sms/Whatsapp conversations). A case by case interview often has a certain structure. The questions are asked in such a way that earlier answers may cause you problems later in the interview. The police have already done some research before you are interrogated and you may be confronted with this. You may sometimes be caught in a lie because you do not know what the police already know. Suppose, for example, that you deny that you have been anywhere on a certain day, but the police have CCTV footage of you, then this may turn against you. Demonstrable lies can be used as evidence against you in criminal proceedings.

Now it is not the case that you have to explain, because as a suspect you have the right to remain silent (the right to remain silent). And, not unimportantly, you have the right to have an attorney help you with the interrogation (the right to be heard). You may consult with the lawyer prior to the interrogation, he or she will advise you (consulation assistance). The lawyer may make comments at the beginning and end of the interrogation and also ask you questions. During the interrogation, the lawyer may also point out that you do not understand certain questions. The lawyer will make sure that you are not put under too much pressure not to be released (no pressure). You also have the right to at least one time-out to consult your lawyer in the meantime. Usually this is allowed more often. The lawyer will also make sure that your statement is well put down on paper. In addition, European case law offers the lawyer even more possibilities to assist the suspect during the interrogation. For example, if the suspect wants to remain silent, but still allows himself to be seduced into giving a statement. The lawyer can then again advise to remain silent. In the future, it will be necessary to clarify exactly where the boundaries lie.

The lawyer alone may not disrupt the interrogation. If this leads to a conflict with the interrogating officers, the lawyer can be expelled from the interrogation. The interrogation may not continue unless you waive the right to assistance or if you agree to the assistance of another lawyer.

If you have received a letter to be interrogated by the police and you would like the assistance of a lawyer, please contact us (020-6383606) to arrange an appointment with one of our lawyers.

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