PACE interview under arrest vs voluntary interview

Interview under arrest versus Voluntary interview

A suspect may be interviewed at a police station either under arrest or on a voluntary basis. The legal framework, rights, and practical implications differ significantly between the two, though both are conducted under caution.

Side by side

	Interview under arrest	Voluntary interview
Legal status	The suspect has been arrested and is in police custody. They are not free to leave	The suspect attends the police station voluntarily under section 29 PACE. They are not under arrest and are free to leave at any time
Right to leave	The suspect cannot leave the police station unless released on bail, released under investigation, or released without further action	The suspect may leave at any time unless they are arrested. The officer should inform them of this right at the outset
Caution	The suspect must be cautioned before any questions about the offence: "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."	The same caution must be administered before questioning. The caution applies equally whether the suspect is arrested or attending voluntarily
Legal advice	Right to free and independent legal advice under section 58 PACE. The custody officer must inform the suspect of this right. A duty solicitor is available	The suspect has the right to legal advice. Code C paragraph 3.21 requires the officer to inform them. A duty solicitor is available for voluntary attendees
Time limits	The detention clock runs from the relevant time (usually arrival at the police station). Maximum 24 hours initially, extendable for indictable offences	No detention clock runs. There is no statutory time limit on the length of a voluntary interview, though it must be conducted fairly and without oppression
Custody record	A full custody record is opened and maintained throughout detention. Every significant event is recorded	No custody record is opened. The interview is recorded under Code E, and the officer should make a record of the attendance, but there is no custody record
PACE protections	Full PACE Code C protections apply: rest periods, meals, medical attention, right to have someone informed, regular reviews	Code C paragraph 3.21 applies but the full custody safeguards (reviews, detention limits, rest periods) do not. The suspect is treated as a voluntary attendee, not a detainee
Practical differences	The suspect may be searched, fingerprinted, photographed, and have DNA taken under PACE powers. They remain in custody between interviews	The suspect cannot be searched, fingerprinted, or have DNA taken without consent (unless they are subsequently arrested). They leave the station after the interview

Which applies

A voluntary interview avoids the detention clock and the administrative burden of custody, but the suspect retains the right to legal advice and must be cautioned. If the suspect indicates they wish to leave a voluntary interview, the officer must decide immediately whether to arrest or allow them to go. Officers should not use voluntary interviews to circumvent PACE safeguards.

Last updated 24 September 2026