Criminal Defence | England & Wales

Voluntary interview or arrest: what is the difference?

A voluntary interview is still an interview under caution. This guide explains how it differs from arrest, what stays the same, and why advice matters either way.

Get advice before your interview Voluntary police interviews

KEY ANSWER

The position in brief

A voluntary interview is an interview under caution that you attend without being arrested. What you say carries the same weight as an interview after arrest, and the right to free legal advice is the same. The main differences are that you are not detained, so you can in principle leave, and that the police usually arrange it by appointment, which gives time to prepare. That time is valuable: use it to get advice before you attend.

Legal issues

What is the same

You are interviewed under caution, and the interview can be used as evidence.
You have the right to free and independent legal advice.
The police must give enough information about the suspected offence before the interview for you to understand it.

What is different

You are not under arrest or in custody. You are told you are free to leave unless you are arrested.
There is usually an agreed date, which allows preparation.
If you leave or decline to attend, the police may decide to arrest you instead, so leaving is a decision to take only with advice.

For the rules on attending voluntarily, see section 29 of the Police and Criminal Evidence Act 1984 and PACE Code C, paragraph 3.21.

Evidence that matters

Why the police choose a voluntary interview

A voluntary interview is often used where the police do not consider arrest necessary. It does not mean the allegation is minor or that the investigation will end without charge. Treat it with the same seriousness as an interview after arrest.

Reasonable lines of enquiry

Using the time before a voluntary interview

Ask your solicitor to obtain the pre-interview disclosure from the officer.
Preserve messages, documents and records that may be relevant, without altering them.
Prepare your account with your solicitor, not alone, and do not rehearse it with potential witnesses.

What happens next

After either kind of interview

The investigation may end with no further action, continue with you released under investigation or on bail, or be referred to the CPS for a charging decision. See what happens after a police interview.

Immediate steps

If you have been invited to a voluntary interview

Note the date, time, police station and officer's name.
Do not attend without legal advice, and do not discuss the allegation by phone with the officer.
Contact a solicitor as early as possible to allow time to prepare.

What should you send us?

Just tell us the interview date, the station and the officer's name. We will ask for anything else later.

Legal information from Theodorous. The law and procedure can change and the application of the law depends on the facts. This guide is general information, not advice on your individual case.

HOW WE CAN HELP

What Theodorous can do

We can contact the officer, obtain disclosure, prepare you properly and attend with you. See voluntary police interviews and police station representation.

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