Skip to main content

Voluntary interviews

Police increasingly deal with people they suspect of a criminal offence via a voluntary interview, rather than in police custody.

There are clear benefits for children and vulnerable adults in being dealt with in this way. However, there are also increased risks that the process will not be fair. There are solutions to the problems, but it requires policing to develop robust strategies, procedures and oversight. 

Opportunities

Image: Nifty Fox at the NHS England voluntary interview conference 2022

Voluntary interviews have the potential to support compliance with international human rights standards, domestic legislation and the expectations of courts, including:

  • the use of detention only when necessary
  • the making of adjustments to meet individual need.

Voluntary interviews avoid the costs and risks associated with police custody, including financial, psychological, and physical. 

Risks

Voluntary interviews also present risks and challenges of their own, including:

  • Inadequate assessment of needs
  • Lower identification of PACE vulnerability 
  • Failure to apply procedural safeguards
  • Lack of access to services (e.g. healthcare) 
  • Lack of consistency in invitations and delivery
  • Potential informality
  • Variable understanding of their legal status and consequences
  • Lack of oversight equivalent to the custody sergeant
  • Ensuring sufficient officer training on PACE safeguards
  • Logistical challenges (e.g. for AA schemes)

Together, these issues present risks to the integrity of the process, and may even contribute to false confessions.

Video: NAAN at the NPCC/NHS voluntary rountable 2017

Independent oversight

In police custody, the role of the custody officer is independent of the investigating officer.  In voluntary interviews, the investigating officer is responsible for everything; both investigating and ensuring the PACE safeguards against themselves - a risky tension.

Knowledge and skills

Custody officers deal with the PACE safeguards around questioning vulnerable suspects all day every day. Investigating officers are less likely to be familiar with the relevant rules, and the identification of vulnerable people.

Fairness

Children and vulnerable people may not fully appreciate that voluntary interviews are full PACE interview, with the same legal risks as an interview in custody. They may perceive it as an informal conversation and may be less likely to obtain legal advice.

Solutions

We are working collaboratively to minimise the risks and maximise the opportunities of voluntary interviews. 

AA schemes

Since 2015, we've been conducting research and raising awareness of the issue of AA coverage of voluntary interviews

Custody Visitors

In 2016, we worked with ICVA on a paper presented to Home Office PACE Strategy Board on the use of voluntary interviews and safeguards 

Policing

In 2017 we helped the National Police Chiefs' Council develop national guidance on voluntary interviews. In 2023 we're working together again on a new version.

Home Office

In 2018, we secured significant updates to PACE Act 1984 statutory Code C, which provide greater clarity and detail for police officers on the applicabilty of PACE safeguards under voluntary interview.

Commissioners

In 2020, we updated our national guidance to ensure that commissioners of AA provision are aware of the need to include coverage for voluntary interviews within specifications and budgets.

NHS

In 2022, we presented on the risks, challenges and solutions at voluntary interview conferences run by NHS England Liaison & Diversion.

Interested in knowing more ...?

Policy

Identifying vulnerability

Every month, thousands of people with additional needs go unidentified when detained or questioned by police in England and Wales.

This means many people, including those with learning disabilities, mental illnesses, and neurodiverse people, do not get the support of an appropriate adult as required by law.

Policy

Vulnerable people

We're are not just working on identification. Did you know that while local authorities have a legal duty to provide an appropriate adult for children, there's no equivalent duty to provide one for vulnerable adults?

Click below to find out more, and catch up on our latest activities, updates and media.

Information

About AAs

The role of the appropriate adult is to safeguard the interests, rights, entitlements and welfare of children and vulnerable people who are suspected of a criminal offence, by ensuring that they are treated in a fair and just manner, and are able to participate effectively.

Discover more about the appropriate adult role, and find your local scheme.