Police and Criminal Evidence Act 1984, section 29

Voluntary attendance at police station etc

Part III Arrest

Where for the purpose of assisting with an investigation a person attends voluntarily at a police station or at any other place where a constable is present or accompanies a constable to a police station or any such other place without having been arrested—

(a)he shall be entitled to leave at will unless he is placed under arrest;

(b)he shall be informed at once that he is under arrest if a decision is taken by a constable to prevent him from leaving at will.

Cases considering section 29 10

Iqbal, R v

[2011] EWCA Crim 273 · 20 January 2011

Section 29 confirms that a person who has attended voluntarily or accompanied a constable without arrest may leave at will. Preventing departure requires an arrest and notification of its grounds, supporting the conclusion that there is no broad police power of detention without arrest (see paras [14]; [15]).

The Commissioner of Police for the Metropolis v MR

[2019] EWHC 888 (QB) · 9 April 2019

The court confirms that voluntary attendance permits the person to leave unless arrested, supporting the conclusion that an interview could initially have proceeded voluntarily. (see paras [14], [19], [47], [49])

Richardson v The Chief Constable of West Midlands Police

[2011] EWHC 773 (QB) · 29 March 2011

Confirms that a voluntary attender may leave at will unless arrested. The provision did not require arrest merely because the claimant could theoretically leave during interview (see paras [22], [54]-[55], [67]).

What each judgment says about section 29 is in the case-law panel in the full Act.

Amendments and notes

6 notes from legislation.gov.uk

Modifications

  1. C311Ss. 8, 9, 15, 16, 17(1)(b(2) (4), 18–20, 21, 22(1)–(4), 28, 29, 30(1)–(4)(a)(5)–(11), 31, 32(1)–(9), 34(1)–(5), 35, 36, 37, 39, 40–44, 50, 51(d), 52, 54, 55, 64(1)–(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2
  2. C312S. 29 applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 12(2)-(4), Sch. 2 (with arts. 13-31)
  3. C313S. 29 applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 3(2)-(4), Sch. 1 (with arts. 4-11)
  4. C314S. 29 applied (with modifications) (4.11.2015) by The Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) Order 2015 (S.I. 2015/1783), arts. 1, 3(1), Sch. 1 (with art. 3(2), (3), 4-19, Sch. 2)
  5. C315S. 29 applied (with modifications) (30.4.2017) by The Police and Criminal Evidence Act 1984 (Application to Labour Abuse Prevention Officers) Regulations 2017 (S.I. 2017/520), regs. 1, 2, 3(p), Sch.
  6. C316S. 29 applied (with modifications) (7.4.2026) by The Police and Criminal Evidence Act 1984 (Application to Enforcement Officers) Regulations 2026 (S.I. 2026/303), regs. 1(1), 3, 4(p), Sch. paras. 1-10, 19