Key point: Under PACE Code C, a person attending voluntarily may leave unless arrested, and Code C explains what must happen if the police decide arrest becomes necessary.[1] If you receive an interview invitation, get legal advice before responding.
Voluntary attendance: what it means
PACE Code C says that someone attending voluntarily to assist an investigation may leave at will unless arrested, and that if arrest becomes necessary the person must be informed they are under arrest and dealt with as a detainee under the Code.[1]
So what happens if you ignore the invitation?
There is no single outcome. Police may try to rearrange, continue the investigation, or decide that arrest is necessary (which would move the matter into custody procedures). Code C specifically recognises that arrest can become necessary during voluntary attendance and sets out the steps that follow.[1]
What you should do
- Get legal advice early and ask for disclosure before interview where appropriate.
- If you do attend, attend with a solicitor (your rights and safeguards are not diminished just because the interview is voluntary).[1]
- If you are unsure, read the related guides: no comment interviews and prepared statements.
Sources
- Home Office: PACE Code C (December 2023) – detention, treatment and questioning (PDF)—https://assets.publishing.service.gov.uk/media/6580543083ba38000de1b792/PACE+Code+C+2023.pdf
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