Voluntary Police Interviews in the UK: What You Really Need to Know Before You Go
Getting a call or a letter from the police asking you to come in for a “voluntary interview” can genuinely shake you. Your mind races. What do they want? Do you have to go? What happens if you say no?
Most people make the same mistake: they hear the word voluntary and assume it means informal, low-stakes, or optional. It isn’t any of those things.
A voluntary police interview is a formal criminal investigation procedure conducted under caution. Your answers are recorded. Anything you say can be used as evidence in criminal proceedings. And the decisions you make before you walk through that door — whether to attend, whether to get a solicitor, what to say — can have a serious and lasting impact on the outcome of an investigation.
This guide gives you a clear, honest, and legally grounded picture of exactly what voluntary police interviews involve in the UK — your rights, the legal framework, what to expect, and what to do.
Table of Contents
What Is a Voluntary Police Interview?
Definition: Voluntary Police Interview A voluntary police interview is a formal investigative interview conducted by police under caution, where the individual attends the police station (or another agreed location) without having been arrested. It is provided for under Section 29 of the Police and Criminal Evidence Act 1984 (PACE). The person is technically free to leave at any time, but the interview is fully recorded and entirely admissible as evidence in criminal proceedings.
Also referred to as a Section 29 interview, a PACE voluntary interview, or an interview under caution, this process is used by police when they want to question someone about a suspected offence before — or sometimes instead of — making an arrest.
Before any questions begin, the officer will administer the standard police 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.”
This caution is not a formality. It is a formal legal warning with direct and enforceable consequences. Every word you say after it is on the record.
Voluntary Interview vs. Arrest: Key Differences
Understanding this distinction is important — but so is understanding where the two situations converge.
When you are arrested, the police have formed reasonable grounds to suspect you of a specific offence. They can detain you for up to 24 hours without charge, search you, and take you to a police station regardless of your wishes. You have no choice about attending.
When you are invited to a voluntary interview, you haven’t been detained. Legally, you can say no or leave mid-interview. Police typically use voluntary interviews when:
- There isn’t yet sufficient evidence to justify an arrest
- They want to hear your account before making a charging decision
- The investigation is at an early, exploratory stage
- They want to offer you the opportunity to provide an innocent explanation
Here’s what people often don’t realise: declining or leaving doesn’t end the investigation. Police can arrest you afterwards if grounds exist. And officers know that someone attending voluntarily — without a solicitor, believing the meeting will be informal — is far more likely to say something that damages their own case.
Voluntary Interview vs. Arrest: Quick Comparison Table
| Factor | Voluntary Interview | Under Arrest |
|---|---|---|
| Legal obligation to attend | No | Yes |
| Right to a free solicitor | Yes | No |
| Conducted under caution | Yes | Yes |
| Appears on the custody record | Yes | Yes |
| Answers admissible in court | Yes | Yes |
| Detention powers apply | No | Yes |
| Search powers apply | No | Yes |
| Appears on custody record | Sometimes | Yes |
Key takeaway: The method of arrival is different. The legal weight of the interview is the same.
The Legal Framework: PACE Explained
Voluntary police interviews are governed by a clear statutory framework. Understanding it — even at a surface level — helps you see why the process carries the weight it does.
Police and Criminal Evidence Act 1984 (PACE) — Section 29. This is the specific provision that permits voluntary interviews. It allows police to question individuals who attend without being arrested.
PACE Code C: The Code of Practice governing the detention, treatment, and questioning of suspects. Even though you haven’t been detained, police are still bound by key Code C obligations during a voluntary interview — including informing you of your right to free legal advice.
PACE Code E Requires audio recording of all interviews with suspects. Your voluntary interview will be recorded in full.
PACE Code F Governs visual (video) recording of interviews where applicable.
Criminal Justice and Public Order Act 1994 — Sections 34–37 introduced the adverse inference provisions that modified the right to silence. Courts can, in defined circumstances, draw negative conclusions from a suspect’s failure to mention relevant facts during questioning.
One point that consistently surprises people: the same caution applies, the same recording obligations apply, and your answers carry exactly the same evidential weight as those given under arrest. “Voluntary” changes how you got there. It does not change what happens once you’re sitting in that room.
Your Legal Rights During a Voluntary Interview
Snippet Answer: What are your rights in a voluntary police interview? In a voluntary police interview, you have the right to free independent legal advice, the right to have a solicitor present during questioning, the right to silence, the right to be told what offence is under investigation, and the right to leave at any time. These rights must be communicated to you before questioning begins.
These rights are not optional and cannot be waived under pressure. Here’s what each one means in practice:
Right to free independent legal advice. You are entitled to consult with a duty solicitor at no cost, regardless of whether you’ve been arrested. The police cannot pressure you into skipping this. If anyone suggests a solicitor isn’t necessary for “just a quick chat,” that is precisely the moment to insist on one.
Right to have a solicitor present. Your solicitor doesn’t just give you advice beforehand — they can sit with you in the interview room, object to improper or oppressive questions, and advise you on each question as it’s asked.
Right to silence: You are not required to answer any question. In certain circumstances, courts can draw adverse inferences from silence, but silence remains a legitimate and often correct legal choice — particularly before you’ve received proper advice.
Right to leave. As a voluntary attendee, you can walk out. This right should be exercised carefully and ideally under solicitor guidance — walking out without good reason can prompt an immediate arrest in some cases.
Right to know the allegation. You must be told what offence is under investigation before questioning starts. Never allow questioning to begin without knowing what you’re there for.
Do You Have to Attend a Voluntary Police Interview?
Snippet Answer: Do you have to attend a voluntary police interview in the UK? No. There is no legal obligation to attend a voluntary police interview in the UK. You cannot be arrested solely for declining. However, refusing may prompt police to gather further evidence and arrest you separately. Whether to attend should always be decided with legal advice.
Technically, no. But the practical picture is more complicated.
Refusing can signal to investigators that you’re uncooperative — potentially accelerating rather than preventing an arrest. On the other hand, attending unprepared and without a solicitor can cause far more damage than declining would have done.
In many cases — particularly where you have a clear innocent explanation — attending with a solicitor and delivering a well-prepared statement results in no further action. The case is closed before it ever reaches a charging decision. That outcome is far less likely if you either refuse entirely or show up and improvise.
The decision should never be made alone. Speak to a solicitor before you respond to the police invitation at all.
Why You Should Never Attend Without a Solicitor
This section matters more than any other in this article.
Going into a voluntary police interview without a solicitor is one of the most significant mistakes a person can make. Not because solicitors are infallible, but because you are facing trained investigators in a formally recorded legal procedure — and you almost certainly don’t have the experience to navigate it safely on your own.
You don’t know what they already have. Before the interview, you have no idea how much evidence the police have gathered. Questions that sound casual or sympathetic are frequently constructed to draw out inconsistencies or partial admissions. Officers are trained in interview techniques specifically designed for this purpose.
A prepared statement is a powerful tool — but you need a solicitor to use it properly. Rather than sitting across from an officer fielding open-ended questions, your solicitor can help you write a statement that sets out your account clearly and on your terms. That statement is read into the record. Follow-up questions that go beyond it can be answered “no comment.” You’ve put your version of events on record without exposing yourself to the dangers of unguided questioning.
The adverse inference rules are genuinely complex. Sections 34–37 of the Criminal Justice and Public Order Act 1994 are not straightforward. Whether staying silent helps or hurts you depends on the specific facts of your case, what evidence the police hold, and what you might later rely on in court. Only a solicitor who knows your situation can make that call.
The duty solicitor costs you nothing. There is no financial reason to skip legal advice. The duty solicitor scheme exists precisely for this. Use it.
What Actually Happens During the Interview
Knowing the process removes some of the anxiety of the unknown.
Before you go in: If you’ve arranged a solicitor, they’ll meet with you privately beforehand. A good solicitor will also request advance disclosure from the police — a summary of the evidence and the nature of the allegations. You’re entitled to this, and it shapes everything about how the interview should be approached.
At the start: The officer confirms your details, explains your rights, and administers the formal caution. Make sure you genuinely understand it. If you don’t, say so.
During questioning, Officers ask about the alleged offence. The interview is fully recorded. Your solicitor can intervene to challenge improper questions, advise you on specific answers, or confirm when a “no comment” response is appropriate. If you’re delivering a prepared statement, your solicitor will guide you through that process.
At the close: The officer formally ends the interview and explains the next steps. You may be told there’s no further action, asked to return for further questioning, or, in some cases, charged at that point.
The Right to Silence: What It Means and When to Use It
Definition: Right to Silence (UK) The right to silence in England and Wales is the legal right of a suspect to refuse to answer questions during a police interview. Since the Criminal Justice and Public Order Act 1994, courts may draw adverse inferences from silence in defined circumstances — but silence remains a legally protected choice and is frequently the correct strategy, particularly before legal advice has been received.
The right to silence has existed in English law for centuries, but its scope narrowed significantly with the Criminal Justice and Public Order Act 1994, which introduced adverse inference provisions. Courts can, in some circumstances, treat your silence during questioning as potentially incriminating when you later advance a defence at trial.
But “may” is doing a lot of work in the caution’s warning. Adverse inferences aren’t automatic. Several conditions must be met, and their significance varies enormously depending on the facts.
As a practical guide:
- Haven’t spoken to a solicitor yet? Say nothing until you have.
- Have a clear, innocent explanation that your solicitor agrees with? A prepared statement is usually your strongest move.
- Facing a serious or complex allegation with an unclear evidence picture? No comment across the board may be entirely appropriate.
The right answer is never obvious in the moment. Work it out with your solicitor in advance — not while an officer is sitting across the table waiting for your response.
Prepared Statements: What They Are and Why They Matter
Definition: Prepared Statement (Police Interview) A prepared statement is a written document drafted with a solicitor’s assistance, read aloud at the start of a voluntary police interview, which sets out the suspect’s account of relevant events. After the statement is read into the record, the suspect typically answers “no comment” to further questions. It allows a suspect to put their version on record while minimising the risks of open-ended police questioning.
A prepared statement is one of the most effective tools available in a voluntary interview — and one that most people attending without a solicitor never know exists.
Here’s why it works:
It puts your account on the record early. If your case ever reaches trial and you raise a defence, the fact that you stated the same defence during the original police interview significantly undermines any adverse inference argument from the prosecution.
It’s drafted under your control, not theirs. You and your solicitor decide what goes in it. You’re not reacting to questions on the spot; you’re presenting your account in a structured, considered way.
It limits the scope for damaging follow-up questioning. Once the statement is read, further questions that go beyond it can legitimately be answered “no comment” — without the same adverse inference risk that would apply if you had said nothing at all.
Not every case calls for a prepared statement. But it’s a tool that should always be discussed with your solicitor before the interview begins.
What Offences Lead to Voluntary Interviews?
Voluntary interviews are used across a wide range of criminal investigations. Common examples include:
Financial and economic crime — fraud, benefit fraud, mortgage fraud, money laundering, tax evasion. HMRC investigations frequently begin with a voluntary interview under their own separate caution procedures.
Sexual offences — including allegations of a historical nature, which require particularly thorough early legal preparation, given the complexity and sensitivity involved.
Domestic abuse — police may invite both complainants and suspects voluntarily at the investigative stage.
Drug offences — supply, possession with intent, or alleged involvement in a supply network.
Cybercrime — online harassment, stalking, computer misuse, or indecent image offences.
Road traffic offences — dangerous driving, causing death by careless or dangerous driving, failing to stop after an accident.
Workplace-related criminal conduct — serious data breaches, corporate fraud, gross misconduct with criminal dimensions.
Hate crime and public order offences — increasingly investigated through voluntary interviews at early stages.
The nature of the offence shapes the legal strategy significantly. Your solicitor’s approach to a fraud interview will look very different from their approach to a road traffic case.
What Happens After the Interview?
The investigation doesn’t automatically conclude when the recording stops. Several outcomes are possible:
No further action (NFA), Police or the CPS determine there’s insufficient evidence to proceed. You’re informed in writing or by phone. This is the best outcome and happens more often than people expect — particularly when a strong prepared statement has already been given.
Under investigation / referred to CPS. The file is passed to the Crown Prosecution Service for a charging decision. Depending on the complexity of the case, this process can take anywhere from weeks to several months.
You’re formally charged with a criminal offence and required to attend court. Contact your solicitor immediately — do not discuss anything related to the case with anyone else.
Further interview requested. As the investigation develops and new evidence emerges, police may request another voluntary interview. The same principles apply: do not attend without legal advice.
Arrested. If new grounds arise after the voluntary interview, an arrest can follow. This is more likely if you declined to cooperate during the voluntary stage.
Whatever the outcome, maintain contact with your solicitor and do not speak to police — about anything related to the investigation — without them present.
Expert Insights: What Defence Solicitors Say
To add real-world perspective to the legal framework above, here are the consistent themes that experienced criminal defence solicitors raise when advising clients facing voluntary interviews:
“The interview starts before the caution is read.” Experienced defence solicitors often remind clients that informal conversations with officers in the waiting area, the corridor, or even the car park can be noted and referenced. Be careful about what you say and to whom from the moment you arrive.
“Advance disclosure is your first battleground.” Before agreeing to interview, a solicitor will request disclosure of the evidence. How forthcoming police are — and what they reveal — tells your solicitor a great deal about the strength of the case and the appropriate interview strategy.
“No comment is not an admission of guilt.” One of the most persistent misconceptions clients bring in is that answering “no comment” looks guilty. In many situations, it is precisely the right answer — and courts are directed not to treat it as an automatic indicator of guilt.
“The voluntary label can create false confidence.” Solicitors consistently report that clients who attend without representation — because it felt informal or voluntary — often say things that cause serious problems later. The caution exists for a reason. Take it seriously.
“Getting a solicitor early almost always helps.” Even in cases that ultimately result in no further action, solicitors note that early involvement gives their client the best possible chance of that outcome — and the strongest possible position if the matter does proceed.
Frequently Asked Questions
What is a voluntary police interview?
A voluntary police interview is a formal police interview conducted under caution, where the individual attends without having been arrested. It is authorised under Section 29 of the Police and Criminal Evidence Act 1984. The person is technically free to leave at any time, but the interview is fully recorded, and the answers are admissible as evidence in criminal proceedings.
Do I have to attend a voluntary police interview in the UK?
No. There is no legal obligation to attend. You cannot be arrested solely because you declined. However, refusing may prompt the police to gather further evidence and arrest you separately. The decision should always be made with legal advice, not in isolation.
What should I do if I’m asked to attend a voluntary police interview?
Contact a criminal defence solicitor immediately — before you respond to the police, and certainly before you attend. Do not agree to attend without first taking legal advice. Ask what offence is under investigation and request that your solicitor obtain advance disclosure from the police before the interview takes place.
Can I bring a friend or family member to a voluntary police interview?
A friend or family member cannot be present in the interview room. You have the right to a solicitor, who can attend with you. In cases involving vulnerable adults, an appropriate adult may be required under PACE Code C.
What does “no comment” mean in a police interview?
“No comment” is a legally recognised response to police questions, invoking your right to silence. Courts can draw adverse inferences from silence in certain circumstances, but only where defined legal conditions are met. Whether answering “no comment” is the right strategy depends on the specific facts of your case — your solicitor will advise you.
Will a voluntary police interview show on a DBS check?
The interview itself will not appear on a DBS check. A conviction resulting from it will appear on the appropriate level of DBS check. If you’re charged but not convicted, the matter may appear as “non-conviction information” on an enhanced DBS check, subject to police discretion.
Can police arrest me after a voluntary interview?
Yes. A voluntary interview does not provide immunity from arrest. If new evidence emerges, if you failed to cooperate, or if the police believe grounds for arrest now exist, they can arrest you after the voluntary interview has concluded.
How long does a voluntary police interview last?
Duration varies widely. Straightforward matters may conclude in under an hour. Complex fraud or serious crime investigations can run for several hours across multiple sessions. There is no statutory time limit for voluntary interviews, unlike interviews conducted while a suspect is under detention.
What is a prepared statement in a police interview?
A prepared statement is a written document drafted with your solicitor’s assistance, read into the record at the start of a voluntary interview. It sets out your account of relevant events. After the statement is delivered, further questions are typically answered with “no comment.” It allows you to put your version on the record while minimising the risks of open-ended questioning.
Is a voluntary interview the same as being a suspect?
Not automatically — you could theoretically be invited as a witness. However, if an officer reads you the formal caution before questioning, treat yourself as a suspect from that point. Ask explicitly what your status is and what offence is under investigation before any questions begin.
Conclusion
A voluntary police interview is not a casual conversation, an informal chat, or a low-stakes situation. The word “voluntary” describes how you arrived — not what the process involves or what it can lead to.
You have real, legally enforceable rights: free legal advice, a solicitor in the room, a prepared statement, and the right to say nothing until you’re ready. These aren’t technicalities. They’re the tools that often determine whether a case proceeds to charge or closes with no further action.
The most important decision you’ll make is the one before you respond to the police invitation: call a criminal defence solicitor first. Not after you’ve agreed to attend. Not on the way to the station. Now.
The duty solicitor scheme means this costs you nothing. The difference it makes to your case can be everything.
