Voluntary attendance at a police station

s.29Police and Criminal Evidence Act 1984

Sets the rules when a person who has not been arrested attends a police station or other place to help an investigation, including a voluntary interview under caution.

Voluntary attendance at a police station · Police and Criminal Evidence Act 1984, s.29Card 16 / 59

When you can use it

The person attends a police station, or any other place where a constable is present, or goes there with a constable
They attend voluntarily, to assist with an investigation
They have not been arrested
s.29(a)They may leave at will unless arrested
s.29(b)If a constable decides to stop them leaving, they must be told at once that they are under arrest
Code C 3.21They may only be prevented from leaving if arrest is necessary under Code G

What it allows

Lets officers question a suspect or witness without arrest, at a station or elsewhere (such as the suspect’s home).
No power to detain. The person can leave at any time.
If arrest becomes necessary, the person must be told at once of the arrest, the grounds and the reasons, then taken before a custody officer (Code C 3.21(a)).

Key definitions

Voluntarily – the person chose to attend and is free to go. Holding them without arrest is unlawful.
Other location – where the interviewer needs the consent of the suspect or occupier to stay, such as a home, that person may withdraw consent and make the interviewer leave (Code C 3.22).
Practicable alternative – before arresting in order to interview, the officer must consider whether voluntary attendance would work instead (Code G Note 2F).

Safeguards

Caution before questions about an offence (Code C 10.1). At the same time the person must be told they are not under arrest and need not stay (Code C 3.21(b), 10.2).
Before seeking consent, the interviewer must explain the interview’s purpose and the person’s rights: information about the offence, free legal advice, an appropriate adult if juvenile or vulnerable, an interpreter, and that the interview will be recorded (Code C 3.21A).
The person must be given a notice summarising these rights (Code C 3.21B(c)). For a juvenile or vulnerable person, agreement is given with the appropriate adult present. A juvenile also needs a parent or guardian to agree (Code C 3.21B(d)(v)).
Before questions begin, ask the suspect to confirm they agree, and record it (Code C 3.22A). Record the steps taken under 3.21A–3.21B (Code C 3.22B).
Unsure if a place is suitable? Consult a sergeant or above (Code C Note 3I).

Good to know

A volunteer should be treated with no less consideration than a detainee, with an absolute right to legal advice (Code C Note 1A).
Arrest on arrival for a pre-arranged voluntary interview is justified only if new information makes arrest necessary and it was not practicable to arrest earlier (Code G Note 2G).
No custody clock runs because the person is not detained. If they are arrested at the police station, the detention clock starts at the time of arrest (s.41(2)(c)).

Legislation: Police and Criminal Evidence Act 1984, s.29 (opens legislation.gov.uk in a new tab)
Who can use it: A constable (no power to detain)
Last checked: 3 November 2026, against the current law on legislation.gov.uk

Voluntary attendance at a police station: questions people ask

When can the police use voluntary attendance at a police station?

1. The person attends a police station, or any other place where a constable is present, or goes there with a constable 2. They attend voluntarily, to assist with an investigation 3. They have not been arrested 4. They may leave at will unless arrested 5. If a constable decides to stop them leaving, they must be told at once that they are under arrest 6. They may only be prevented from leaving if arrest is necessary under Code G

Who can use voluntary attendance at a police station?

A constable (no power to detain)

What law gives the power for voluntary attendance at a police station?

Police and Criminal Evidence Act 1984, s.29.

More powers of arrest

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