Custody Note for Voluntary Interviews

Voluntary interviews under section 29 of PACE require the same standard of attendance note as custody attendances — but are often treated as lower priority in documentation. Custody Note provides a dedicated voluntary interview template that guides you through every section, from initial instruction through to outcome and billing.

A voluntary interview is not a lesser attendance. The client is not under arrest, but the stakes can be identical: the interview may lead to a charge, a caution, or no further action — and the quality of your attendance note will determine how well the advice you gave is evidenced if the matter progresses. Despite this, many practitioners document voluntary interviews less thoroughly than custody attendances, often because their tools treat it as an afterthought.

How voluntary interviews differ from custody attendances

The key practical differences between a voluntary interview and a custody attendance affect what your note should contain:

• No arrest or detention — the client attends voluntarily under section 29 of PACE. There is no custody record, no detention clock, and no requirement for PACE reviews. Your note should record that the client attended voluntarily and was free to leave.
• No custody suite — the interview may take place at a police station, but the client is not booked into custody. They may arrive and leave through the front entrance. Location and circumstances still need documenting.
• Same right to legal advice — the client has the same right to free and independent legal advice as a detained suspect. Your note should record that advice was offered and how it was provided.
• Same disclosure obligations — the investigating officer should still provide sufficient disclosure before interview. Record what was disclosed, when, and in what form.
• Same interview requirements — the interview is conducted under caution and recorded. Your note should cover the same ground as a custody interview record: summary of questions, client responses or no-comment, and any significant statements.

What the voluntary interview template includes

Custody Note's voluntary interview template is structured around the specific requirements of non-custody attendances:

• Instruction details — who instructed you, when, and the initial information provided about the allegation.
• Client details — name, date of birth, and contact information. For voluntary interviews, you may also need to record how the client was contacted and whether they had any special requirements.
• Attendance circumstances — where the interview took place, when the client arrived, and confirmation that they attended voluntarily and were informed they could leave at any time.
• Disclosure — what the investigating officer disclosed, in what form, and when. This is critical: insufficient disclosure before a voluntary interview is a common issue, and your note should record exactly what you were given to work with.
• Consultation — your advice to the client, the time taken, and any specific instructions or concerns raised. Record whether the consultation was in person or by telephone.
• Interview record — summary of the interview including questions, responses, and any no-comment approach. Note the start and end times, officers present, and whether the interview was audio or video recorded.
• Outcome — what happened after the interview: no further action, released under investigation, charged, cautioned, or bailed. Record any conditions and next steps.
• Billing — time recording fields for the attendance, including travel, waiting, consultation, and interview time. Claim type and any relevant LAA billing details.

Why structured notes matter for voluntary work

Voluntary interviews are sometimes seen as straightforward — the client is not detained, the atmosphere may be less pressured, and the matter may seem lower-stakes. But this perception creates risk:

• If the matter escalates to charge and trial, the attendance note from the voluntary interview becomes a key document. A thin or poorly structured note undermines the defence case.
• For LAA billing, voluntary interview attendances must be supported by the same quality of evidence as custody work. Time recording, advice given, and the nature of the attendance all need documenting.
• Supervision and peer review apply equally to voluntary work. Inconsistent notes across your firm's voluntary interview caseload are a compliance risk.
• If a complaint is made about the advice given, your attendance note is your primary evidence of what was discussed and recommended. A structured note created in real time is far more defensible than a paragraph written from memory the next day.

Billing considerations for voluntary interviews

Voluntary interview attendances are billable under legal aid, subject to the usual requirements. Custody Note's billing fields capture the time and attendance data your billing team needs:

• Travel time — to and from the interview location.
• Waiting time — time spent at the location before the interview begins or between consultation and interview.
• Consultation time — the duration of your advice session with the client.
• Interview time — the length of the interview itself.
• Claim type — the appropriate classification for the attendance.

Accurate time recording at the point of attendance — rather than estimated afterwards — strengthens claims and reduces queries. For a detailed look at how attendance notes support legal aid billing, see attendance notes for legal aid billing.

Getting started

Custody Note runs on Windows 10 or later (64-bit). The voluntary interview template is included alongside custody attendance and telephone advice templates — all available from the first time you open the application. Start with a 30-day free trial (no credit card required) or download Custody Note directly. For a broader overview of how Custody Note handles police station work, see police station attendance notes and attendance note template (UK).

Frequently asked questions

Does Custody Note have a separate template for voluntary interviews?

Yes. The voluntary interview template is distinct from the custody attendance template. It removes sections that only apply to detained suspects (such as PACE reviews and custody records) and includes fields specific to voluntary attendances, such as confirmation that the client attended voluntarily.

Can I use the voluntary interview template for interviews at locations other than police stations?

Yes. Voluntary interviews can take place at police stations, the suspect's home, or other agreed locations. The template accommodates any venue — you record the location as part of the attendance circumstances.

Are voluntary interview attendances billable under legal aid?

Voluntary interview attendances are billable under legal aid, subject to the same requirements as other police station work. Custody Note captures the time recording and claim data needed to support the bill.

What if the voluntary interview leads to an arrest?

If the client is arrested during or after the voluntary interview, the matter becomes a custody attendance. You can create a new custody attendance record in Custody Note and cross-reference it with the voluntary interview record. Both notes are preserved as part of the file.

Does Custody Note work offline for voluntary interviews?

Yes. Custody Note is offline-first for all attendance types. Whether you are at a police station, at the client's home, or at any other location, you can create and complete attendance notes without an internet connection. Download Custody Note and try the voluntary interview template on your next attendance.