Voluntary Interviews: What You Need to Know

A voluntary interview (sometimes called an interview under caution or an "interview by arrangement") is a police interview conducted at a police station or other agreed location where the interviewee attends voluntarily and is not under arrest. The legal basis is set out in PACE Code C, paragraph 3.21. The interviewee is free to leave at any time, though the officer may arrest them if they attempt to leave and grounds for arrest exist.

The interview is conducted under caution, meaning that anything said can be used in evidence. The interviewee has the right to free legal advice before and during the interview, just as they would if arrested. This right is extremely important: many people attending voluntarily assume the process is informal, but the evidence gathered is no less significant than in an interview conducted under arrest. The interviewee should seek legal advice before attending.

During the interview, the officer will follow the PEACE model, just as in an arrested interview. The interview will be audio-recorded or video-recorded in the same way. The interviewee has the right to breaks and to consult their solicitor at any point. If the interviewee decides they no longer wish to continue, they are free to leave (subject to the caveat above about potential arrest).

After the interview, the police may take several courses of action: no further action (NFA), release under investigation while further enquiries are made, issue a caution or other out-of-court disposal, or charge the suspect (which would require arrest at that point). The advantage of a voluntary interview from the police perspective is that it avoids the PACE detention clock, which limits how long a person can be detained after arrest. From the interviewee's perspective, attending voluntarily and cooperating may be viewed favourably, but it is essential to have legal advice to avoid inadvertently providing evidence that could be used against them.