Voluntary attendance at an interview under caution
Voluntary attendance at an interview under caution

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Voluntary attendance at an interview under caution
  • Information to be given prior to questioning in a voluntary interview
  • Rights and safeguards during voluntary interviews
  • What happens if the volunteer is arrested?
  • Provisions that do not apply to volunteers
  • Review of detention time limits
  • Custody records
  • Care and treatment of detained persons
  • Right not to be held incommunicado
  • Fingerprints
  • More...

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the response to the COVID-19 outbreak. In particular, the National Police Chiefs’ Council, Crown Prosecution Service, The Law Society, Criminal Law Solicitors’ Association and London Criminal Courts Solicitors’ Association have agreed an interim protocol for interviewing suspects. We are reviewing our content on the basis of information available and will keep it under regular review. Meanwhile, for updates on key developments and related practical guidance on the implications for lawyers, see: Coronavirus (COVID-19) and the criminal justice system—overview and Coronavirus (COVID-19) toolkit.

This Practice Note explains the law relating to voluntary attendance at an interview under caution conducted under the Police and Criminal Evidence Act 1984 (PACE 1984). It also highlights the provisions of PACE 1984 and the relevant PACE Code of Practice, PACE Code C, relating to the interviewing of suspects which do not apply to volunteers, including review of detention time limits, the position in relation to custody records, care and treatment of detained persons, the right not to be held incommunicado, fingerprints, searches, inferences from silence and how to advise a volunteer.

For information on the conduct of interviews under PACE 1984 generally, see Practice Note: Interview under caution.

Amendments to PACE Code C in force from 31 July 2018, strengthen the rights and safeguards enjoyed by voluntary suspects, and clarify the

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