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Voluntary interview vs arrest
Voluntary interview versus Arrest
A suspect may be dealt with either by attending voluntarily for an interview or by being arrested. The choice has significant implications for the rights of the suspect, the obligations of the police, and the admissibility of any evidence obtained.
Side by side
| Voluntary interview | Arrest | |
|---|---|---|
| Legal basis | Section 29 PACE: the person attends voluntarily and is not under compulsion | Section 24 PACE: the person is deprived of their liberty based on reasonable grounds of suspicion and necessity |
| Freedom to leave | The person may leave at any time. They must be told this | The person is not free to leave. Leaving would constitute escape from lawful custody |
| Custody regime | No formal custody record is required, but Code C applies to the interview. If at a police station, the person has the right to legal advice | Full PACE custody regime applies: custody record, rights, entitlements, review of detention |
| Right to legal advice | Yes: the person has the right to free legal advice before and during the interview | Yes: the right to legal advice is one of the three principal rights on detention under Code C |
| Caution | Must be cautioned before questioning commences if there are reasonable grounds to suspect they have committed an offence | Must be cautioned on arrest and again at the start of any interview |
| Search powers | No power to search the person without their consent (other than under a separate statutory power) | Section 54 PACE: the custody officer may search the person to ascertain what they have with them |
| Escalation | If the officer forms reasonable grounds and necessity during the interview, they may arrest the person | Cannot be converted to a voluntary attendance while an arrest is in place |
Which applies
Voluntary interview has become much more common following the requirement in the PACE Codes that arrest should only be used where necessary. Officers should consider whether the investigative objectives can be achieved without arrest before making the decision to arrest. However, voluntary attendance is unsuitable where the person is unlikely to attend, where samples need to be taken, where a custody search is required, or where bail conditions or searches of premises are required.
Last updated 24 September 2026