Benefits of Turning Yourself In to the Police (2026 Guide)
- Posted
- AuthorLisa Nicol
- Managing Partner - Head of Crime & Serious Cases
In Brief
If you believe you have committed a criminal offence or are wanted by the police, voluntarily turning yourself in can carry significant legal advantages. Courts treat voluntary surrender as a mitigating factor under Sentencing Council guidelines, and it can be combined with an early guilty plea which attracts a sentence reduction of up to one-third.
Handing yourself in also gives you the opportunity to prepare a proper defence with a solicitor, avoid the trauma of an unexpected arrest, and improve your chances of being released on bail. However, turning yourself in is not always the right course of action – particularly if the police have no evidence against you. This guide explains the legal benefits, the process involved, and when you should seek legal advice before making this decision.
What Does It Mean to Turn Yourself In?
Turning yourself in – sometimes called voluntary surrender or handing yourself in – means presenting yourself at a police station and informing officers that you are a suspect for, or have been involved in, a criminal offence. This is distinct from being arrested, where the police come to you.
When you turn yourself in, the police may respond in one of several ways:
- Arrest you and take you into custody for questioning
- Invite you for a voluntary interview (also known as an interview under caution), where you are not formally arrested
- Release you while they continue their investigation
Under the Police and Criminal Evidence Act 1984 (PACE) Code C, anyone who attends a police station voluntarily and is to be interviewed has the right to free legal advice from a solicitor. You should always exercise this right.
Does Turning Yourself In Reduce Your Sentence?
This is one of the most common questions people ask, and the short answer is: it can, but it is not guaranteed.
Mitigating Factors Under Sentencing Council Guidelines
When sentencing an offender, courts in England and Wales must follow the Sentencing Council’s guidelines. These guidelines list a range of mitigating factors that can reduce the severity of a sentence. Among the most common mitigating factors are:
- Cooperation with the investigation, including voluntary surrender to custody
- Early admissions of guilt
- Genuine remorse demonstrated through actions, not just words
If you voluntarily turn yourself in before the police have taken steps to find and arrest you – for example, before a warrant has been issued – the court is more likely to view this as a genuine demonstration of remorse and willingness to cooperate. This can result in a lower sentence than might otherwise have been imposed.
The Guilty Plea Discount
Voluntary surrender often goes hand in hand with an early guilty plea. Under the Sentencing Council’s definitive guideline on “Reduction in Sentence for a Guilty Plea” (in force since June 2017), defendants receive a reduction based on timing:
Timing of Guilty Plea | Maximum Sentence Reduction |
At the first hearing (earliest opportunity) | Up to one-third (33%) |
At the first hearing in the Crown Court | Up to one-quarter (25%) |
On the first day of trial | Up to one-tenth (10%) |
By turning yourself in and entering a guilty plea at the earliest opportunity, you maximise the potential reduction. It is important to note, however, that the guilty plea discount is separate from any credit for cooperation – they are assessed independently by the court.
The Sentencing Act 2026
The Sentencing Act 2026, which came into force on 22 March 2026, introduced important changes. Courts must now apply a statutory presumption in favour of suspending custodial sentences of 12 months or less, although this does not apply in all cases and courts retain discretion to impose immediate custody.
The maximum sentence that can be suspended has also increased from two years to three years. These changes mean that for less serious offences, demonstrating cooperation through voluntary surrender could make it more likely that any sentence is suspended rather than served immediately.
Key Benefits of Turning Yourself In
You Can Prepare a Proper Defence
Many people who are arrested without warning find themselves in a police interview without any preparation, unable to provide a coherent account of events. By turning yourself in, you can instruct a criminal defence solicitor beforehand, discuss the allegations, prepare a considered response, and ensure your rights are fully protected from the outset. This advance preparation can prove decisive in the outcome of your case.
Greater Chances of Being Released on Bail
The police are more likely to consider you a suitable candidate for bail if you have voluntarily surrendered, because it may demonstrate you are not a flight risk. Under the Police, Crime, Sentencing and Courts Act 2022, the police must consider releasing you on pre-charge bail (with an initial period of three months) rather than the less protective “released under investigation.”
Reduced Stress and Impact on Your Family
Being arrested without warning – often in the early hours of the morning – can be traumatic for you and your family. By voluntarily handing yourself in, you can make arrangements, inform your employer if necessary, and approach the process in a calmer, more controlled way.
Out-of-Court Disposals May Be Possible
In some cases, particularly where the offence is less serious and you have no previous convictions, your solicitor may be able to negotiate an out-of-court disposal such as a community resolution, a formal caution, or no further action (NFA). Demonstrating cooperation may increase the likelihood of these outcomes, depending on the seriousness of the offence and the available evidence.
When You May Not Want to Turn Yourself In
Turning yourself in is not always the best course of action. There are situations where it could actually work against you:
- The police have no evidence against you – If the police have no knowledge of your involvement, turning yourself in could create a case where none existed.
- The police cannot identify you – If there is no realistic prospect of being identified as a suspect, handing yourself in may not be in your best interests.
- You deny the offence – If you maintain your innocence, volunteering information before understanding the strength of the evidence could be damaging.
In any of these scenarios, it is essential to speak to a solicitor before taking any action. A solicitor can assess your situation, advise you on the strength of any potential case against you, and help you make an informed decision.
How to Turn Yourself In: The Process
If, after taking legal advice, you decide that turning yourself in is the right step, the typical process is:
- Instruct a solicitor first. A criminal defence solicitor can advise you on what to expect and attend the police station with you. They can also contact the police on your behalf to arrange a planned surrender.
- Attend your local police station. Provide your details and inform officers that you wish to surrender in relation to a specific matter.
- The police will decide what happens next. You may be arrested, invited for a voluntary interview under caution, or asked to return at a later date.
- Your solicitor will be present during any interview. Under PACE Code C, you have the right to legal representation. The police cannot question you until your solicitor arrives.
- Following the interview, you may be released without charge, released on pre-charge bail, released under investigation, or charged with an offence.
Speak to a Criminal Defence Solicitor
If you are thinking about turning yourself in, or if the police may be investigating you, speak to an experienced criminal defence solicitor before taking any action. At JD Spicer Zeb, our team has over 40 years of specialist criminal defence experience and is Law Society accredited in Criminal Litigation. We provide 24/7 emergency support and can advise you on whether to surrender, attend the police station with you, and represent you throughout the process.
Contact us today:
- Central London Office: 020 7624 7771
- Manchester Office: 0161 835 1638
- Birmingham Office: 0121 614 3333
Or email: solicitors@jdspicer.co.uk
You can also reach us through our contact page or apply for legal aid.
Frequently Asked Questions
Does turning yourself in guarantee a lighter sentence?
No. Voluntary surrender is a mitigating factor, but does not guarantee a reduced sentence. The court weighs it alongside the seriousness of the offence, harm caused, and your criminal history. However, combined with an early guilty plea and genuine cooperation, it can meaningfully reduce the sentence imposed.
Will I be arrested when I turn myself in?
It depends on the circumstances. For less serious offences, the police may invite you for a voluntary interview under caution rather than arresting you. For more serious offences, they may arrest you upon arrival. Having a solicitor arrange your surrender in advance can help manage this process.
Do I need a solicitor to turn myself in?
You are not legally required to have a solicitor, but it is strongly recommended. A solicitor can prepare you for the interview, protect your rights during questioning, and ensure you do not inadvertently say anything that could harm your defence. Legal advice at the police station is free under legal aid.
What is the difference between a voluntary interview and being arrested?
In a voluntary interview (interview under caution), you attend the police station by agreement and are free to leave at any time unless the police decide to arrest you. If you are arrested, you are in formal custody and cannot leave until released. In both cases, you have the right to a solicitor, and anything you say can be used in evidence.
What happens if the police do not know I committed the offence?
If the police are unaware of your involvement, turning yourself in will bring the matter to their attention, potentially resulting in an investigation and prosecution that would not otherwise have occurred. You should take legal advice before deciding whether to surrender in this situation.