Do I Need a Solicitor at the Police Station? Your Right to Free Legal Advice

It is almost always advisable to have a solicitor with you at the police station, whether you have been arrested or attend a voluntary interview. This advice is free and independent, regardless of your income or the seriousness of the allegation, and having a solicitor present can materially affect how the rest of your case unfolds.

Many people worry that asking for a solicitor makes them look guilty, or that it will delay things and make matters worse. Neither is true. This guide explains what your right to legal advice actually covers, how it works in practice, and why using it is one of the most important decisions you can make during a police investigation.

What Is the Right to Legal Advice at the Police Station?

Under the Police and Criminal Evidence Act 1984 (PACE) and its accompanying Codes of Practice, anyone detained at a police station has the right to consult a solicitor privately, at any time, free of charge. This right applies whether you have been arrested or are attending voluntarily, and it exists regardless of the offence you are suspected of.

The custody sergeant is legally required to tell you about this right when you arrive at the station and to record whether you want to use it. You can:

• Ask for the duty solicitor, who is independent of the police and available free of charge
• Name a solicitor of your own choosing, including one you have used before
• Speak to a solicitor by telephone in less serious or more straightforward cases, or in person for more complex matters

You do not have to justify why you want legal advice, and the police cannot pressure you to waive this right or interview you before you have had the chance to take it.

Is Legal Advice at the Police Station Really Free?

Yes. Legal advice and representation at the police station is funded through legal aid and is not means tested, meaning it does not depend on your income, savings, or the nature of the allegation against you. This applies to both the duty solicitor scheme and, in almost all cases, a solicitor of your own choosing who provides police station advice under the legal aid scheme.

This is different from legal aid for later stages of a criminal case, such as court proceedings, where financial eligibility can come into play. At the police station stage, cost should never be a reason to go without a solicitor.

Why Does Having a Solicitor at the Police Station Matter?

What happens during a police station interview can shape the entire course of a case, sometimes long before anyone sets foot in a courtroom. A solicitor’s role is not to obstruct the process but to make sure it is conducted fairly and that you understand what is happening at each stage. In practice, this includes:

• Reviewing disclosure. Before any interview, the police must give your solicitor a summary of the allegation and the evidence they intend to rely on. A solicitor can assess how strong that evidence actually is before you say anything.
• Advising on how to answer. Depending on the disclosure and the circumstances, a solicitor may advise you to answer questions fully, to give a prepared written statement, or to make no comment. This is a legal judgement, not a guess, and getting it wrong can have real consequences later.
• Making sure the interview is conducted properly. A solicitor can intervene if questioning becomes unfair, oppressive, or strays outside the scope of the caution.
• Identifying an appropriate adult, interpreter, or medical need. If you are vulnerable, under 18, or have a condition affecting your understanding, a solicitor can help make sure the right safeguards are in place.
• Advising on bail conditions or release under investigation. If you are released, a solicitor can explain what any conditions mean and what happens next.

Do I Need a Solicitor for a Voluntary Police Interview?

Yes, the same right applies. A voluntary interview, sometimes carried out “under caution” at a police station or elsewhere by appointment, still means you are formally being questioned about a suspected offence, and anything you say can be used in evidence. Being invited to attend voluntarily, rather than being arrested, does not reduce the seriousness of the situation, and in some respects it requires just as much preparation.

You are entitled to free and independent legal advice before and during a voluntary interview in exactly the same way as if you had been arrested. It is worth confirming this with whoever contacts you to arrange the interview, and arranging representation before you attend rather than on the day.

What If I Just Answer Honestly? Do I Still Need a Solicitor?

Being honest is not the same as knowing which questions matter, how the offence is legally defined, or how your answers might be interpreted later. Even a straightforward, truthful account can cause problems if it is incomplete, is given without knowing what evidence the police hold, or inadvertently confirms an element of the offence you were not aware you were confirming.

The police caution warns that failing to mention something you later rely on in your defence can be commented on in court. This cuts both ways: a solicitor can help you decide what is safe and appropriate to say at this stage, based on the disclosure you have been given, rather than leaving that judgement to guesswork under pressure.

What Happens If I Don’t Ask for a Solicitor?

You are entitled to decline legal advice, and the custody sergeant will record this. However, this decision, once made, is not always easy to reverse mid-interview, and police officers are not required to keep reminding you of the right once you have declined it. If you change your mind, you can ask to speak to a solicitor at any point, and the interview should be paused to allow this.

Declining advice does not make you appear more cooperative or more credible. Solicitors attend police stations every day, and custody staff and interviewing officers do not treat it as unusual or as an indication of guilt.

What Should You Do Before Attending the Police Station?

1. If you are contacted about a voluntary interview, ask when and where it will take place, and request time to arrange representation beforehand
2. If arrested, ask for the duty solicitor or name a solicitor as soon as you arrive at the station, before any interview takes place
3. Avoid discussing the allegation with officers informally, in the vehicle, or in the custody area, before you have had legal advice
4. Tell the custody sergeant about any medical needs, medication, or requirement for an appropriate adult or interpreter
5. Once you have a solicitor, use the private consultation to go through the disclosure and ask questions before deciding how to approach the interview

Getting Legal Advice Before or During a Police Interview

If you have been asked to attend a voluntary interview, have been arrested, or are currently under investigation, getting a solicitor involved as early as possible gives you the best chance of protecting your position. Satchell Moran Solicitors’ criminal defence team provides police station representation around the clock, including for cases involving assault offences, and holds dual Lexcel accreditation reflecting recognised standards in legal practice and client care.

Contacting a solicitor before an interview, rather than after, is the single most effective step you can take if you are facing police investigation.