What Is Voluntary Attendance? — UK Criminal Defence Glossary
Voluntary attendance is when a person attends a police station for a police interview without being arrested or detained. In England and Wales, section 29 of PACE provides that a person who voluntarily attends a police station is entitled to leave at any time unless arrested, and is entitled to legal advice.
Detailed explanation
Voluntary attendance — sometimes called a voluntary interview or section 29 attendance — is an increasingly common alternative to arrest. The police invite the suspect to attend the station at an agreed date and time for a recorded interview under caution. The suspect is not arrested, not detained, and not subject to the custody clock. They are free to leave at any time, unless the police decide to arrest them during the attendance.
The legal framework for voluntary attendance is found in section 29 of the Police and Criminal Evidence Act 1984. PACE Code C, paragraph 3.21, sets out that a person attending voluntarily must be informed that they are not under arrest, that they are not obliged to remain, and that they are entitled to free legal advice. The College of Policing's authorised professional practice guidance encourages the use of voluntary attendance where arrest is not necessary.
From a defence perspective, voluntary attendance changes the dynamics of the police station attendance. There is no custody record, no custody officer, and no detention clock. The suspect may have had days or weeks of notice before the interview, allowing time for legal preparation. But the interview itself is conducted under caution and carries the same evidential weight as an interview following arrest.
When practitioners encounter voluntary attendance
Solicitors and representatives are increasingly called upon to attend voluntary interviews. The process typically begins with a letter or telephone call from the police inviting the suspect to attend. The representative should arrange a pre-attendance consultation with the client to discuss the allegation, take initial instructions, and advise on the approach to interview.
On the day, the representative attends the station with the client, receives disclosure from the investigating officer, has a private consultation, and attends the interview. The process mirrors a custody attendance in most respects, except that there is no custody record and the suspect is free to leave.
How voluntary attendance relates to attendance notes
Because there is no custody record for a voluntary attendance, the defence attendance note is often the only contemporaneous record of the non-interview stages of the process. The note must record when the client arrived, what disclosure was received, the consultation, the interview, and the post-interview outcome. Without a custody record to cross-reference, accuracy and completeness of the attendance note becomes even more important.
For Legal Aid Agency billing purposes, voluntary attendances are claimed differently from custody attendances. The fee type, attendance type, and CRM coding must reflect that the client was not detained. A structured attendance note that captures the attendance type from the outset reduces the risk of billing errors.
Key points to record
- Confirmation that this is a voluntary (section 29) attendance
- Date and time of arrival at the station
- That the client was informed of their right to leave
- That the client was informed of their right to legal advice
- Disclosure received and from which officer
- Consultation with the client — instructions and advice
- Interview summary, including caution given
- Post-interview outcome (released, bailed, arrested, NFA)
- Time of departure
- Fee type and attendance type for billing
Related terms
- PACE interview — the formal interview under caution (applies to both custody and voluntary attendances)
- Custody record — the detention record (not created for voluntary attendances)
- Attendance note — the defence record of the attendance
- Disclosure in police interview — pre-interview information from the police
Frequently asked questions
Can a person be arrested during a voluntary interview?
Yes. If during the voluntary attendance the police form reasonable grounds to suspect the person of an offence and consider arrest necessary under section 24 of PACE, they can arrest the person. At that point, the person becomes a detained person, a custody record is opened, and the full PACE Code C protections apply. The attendance note should record the precise time and circumstances of any arrest during a voluntary attendance.
Is legal aid available for voluntary interviews?
Yes. Suspects attending voluntarily are entitled to free legal advice funded by the Legal Aid Agency, just as they would be if arrested and detained. The solicitor or representative can claim for the attendance under the police station fixed fee scheme. The fee type and CRM coding differ from a custody attendance, so the attendance note should clearly record that this was a voluntary interview from the outset.
How does a voluntary attendance differ from a custody attendance for billing?
The key difference is the attendance type code used on the CRM form. Voluntary attendances may also have different travel and waiting time profiles, as the appointment time is pre-arranged. The attendance note should record the attendance type accurately, as miscoding a voluntary attendance as a custody attendance (or vice versa) can lead to claim rejection. Time recording requirements are the same: record each activity and its duration.
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