Voluntary Attendance

Section 29 of the Police and Criminal Evidence Act 1984 governs voluntary attendance. Where, for the purpose of assisting with an investigation, a person attends voluntarily at a police station or at any other place where a constable is present, or accompanies a constable to a police station or any such other place without having been arrested, he shall be entitled to leave at will unless he is placed under arrest. If, at any point, an officer decides otherwise, he shall be informed at once that he is under arrest if a decision is taken by a constable to prevent him from leaving at will — at which point voluntary attendance ends and full arrest and detention procedures begin.

PACE Code C reinforces the same protections for people who attend voluntarily. A person who attends a police station or other location voluntarily to assist with an investigation should be treated with no less consideration than a detained suspect and is stated to enjoy an absolute right to obtain legal advice or communicate with anyone outside the police station or other location. Where such a person is cautioned before a voluntary interview rather than arrested, the officer conducting the caution must at the same time inform them that they are not under arrest and that they are not obliged to remain at the station or other location.