What is a voluntary police interview and do I have to attend?

A voluntary interview, sometimes called a "voluntary attendance" interview or a PACE interview under caution, is an interview conducted at a police station (or sometimes elsewhere) with a person who has not been arrested. The person attends voluntarily, is not under arrest, and can leave at any time during the interview.

However, voluntary does not mean informal or without consequence. A voluntary interview is still conducted under caution: "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 caution has exactly the same legal effect as in a post-arrest interview, and adverse inferences can potentially be drawn from silence in the same way.

You are not legally obliged to attend a voluntary interview. Police can invite you but they cannot compel your attendance without arresting you. If you choose to attend, you can leave at any time and you cannot be detained once you choose to leave, unless the officer then arrests you.

Even in a voluntary interview, you have the right to free and independent legal advice before and during the interview. This is a critical right that you should exercise. A solicitor can advise you on the nature of the investigation, whether you should answer questions or exercise your right to silence, and the implications of any answers you give.

Whether to attend a voluntary interview is itself a decision that deserves careful legal advice. Attending without a solicitor can be a serious mistake. If police request a voluntary interview, seek legal advice before agreeing to attend and before the interview itself.

Key Points

• A voluntary interview is conducted under caution without an arrest
• You are not legally required to attend a voluntary interview
• You can leave at any time during a voluntary interview
• The interview is still under caution: adverse inferences can be drawn from silence
• You have the right to free legal advice before and during a voluntary interview
• Always seek legal advice before agreeing to attend and before the interview itself
• Police can arrest you during or after a voluntary interview if they decide they have grounds
• Anything you say in a voluntary interview under caution can be used as evidence