Voluntary Interview under Caution

About Voluntary Interview under Caution

A voluntary interview under caution — sometimes called a voluntary attendance or a Section 29 PACE interview — is where the police invite you to attend a police station for an interview without arresting you. You are free to leave at any time. The interview is still conducted under caution, meaning that anything you say can be used in evidence and adverse inferences can be drawn from a failure to mention facts you later rely on. The fact that you have not been arrested does not mean the matter is not serious.

Voluntary interviews have become increasingly common in recent years. The College of Policing's Authorised Professional Practice guidance states that arrest should only be used where it is necessary, and that voluntary attendance should be considered as an alternative wherever possible. This means that even serious offences — including fraud, sexual offences, and offences against the person — are now frequently dealt with by voluntary interview rather than arrest.

The key difference between a voluntary interview and an interview following arrest is that you are not in custody. This means the PACE custody time limits do not apply, and the police are not under the same time pressure to complete their investigation. It also means that bail conditions cannot be imposed after a voluntary interview — though the police can apply for pre-charge bail conditions in certain circumstances. You have the same right to legal advice as you would if arrested, and you should exercise that right.

Many people make the mistake of treating a voluntary interview as an informal chat because they have not been arrested. This is wrong and potentially very damaging. The interview is recorded, you are under caution, and the evidence you give can be used against you at trial in exactly the same way as evidence given following arrest. The preparation required for a voluntary interview is identical to the preparation for a post-arrest interview, and the consequences of getting it wrong are the same.

Why Early Representation Matters

We treat every voluntary interview with the same seriousness as an interview following arrest. Before you attend, we obtain as much information as possible from the police about the nature of the allegation and the evidence they hold. We then meet with you privately to take your instructions, explain the legal position, and agree on the strategy for the interview — whether that is answering questions, providing a prepared statement, or exercising your right to silence.

The voluntary interview setting can create a false sense of informality. The police may be relaxed and conversational, but they are still investigating a criminal offence and the interview is still being recorded under caution. Our presence ensures that you do not treat the interview casually, that you understand the significance of every question, and that the police follow proper procedure throughout. After the interview, we advise you on what to expect next and begin preparing for any further action.