Being arrested or asked to attend a police interview can be confusing, especially when everything is happening quickly. One of the most useful rights to know is that you can ask for free, independent legal advice at the police station. In England and Wales, that may be provided by the duty solicitor, a criminal defence solicitor who is available through the police-station legal advice scheme and is independent of the police.
What is a duty solicitor?
A duty solicitor is a qualified solicitor who provides criminal legal advice to people who do not already have a solicitor available. At a police station, the duty solicitor can explain your rights, advise you before questioning and, where appropriate, attend an interview with you. The service means someone in custody does not have to make important legal decisions without professional advice.
The duty solicitor does not work for the police and is not there to help the police build a case. Their role is to advise and protect the interests of the person they represent. Asking for a solicitor does not mean you are admitting guilt or making yourself look suspicious.
Is a duty solicitor free?
At a police station in England and Wales, legal advice for someone being questioned about a suspected offence is free. There is no means test for this police-station advice. You can ask for the free duty solicitor or ask the police to contact your own solicitor if that firm provides the relevant criminal defence service.
Later court representation is different. If you are charged and need a solicitor for court proceedings, separate legal aid eligibility rules may apply. “Free at the police station” does not mean every stage of a criminal case will automatically be free.
How do you get a duty solicitor?
If you are arrested and taken into custody, the custody officer should tell you about your right to free legal advice. You can simply say that you want legal advice or the duty solicitor. In England and Wales, the police contact the Defence Solicitor Call Centre, which arranges the advice. You do not need to find the duty solicitor yourself.
You can also ask the police to contact a solicitor you already know. If that solicitor cannot be reached, you can still ask for the duty solicitor. If you initially refuse legal advice, you can change your mind later.
What happens after you ask?
The first advice may sometimes be given by telephone. In other cases, a solicitor may attend the police station. The form of advice depends on the circumstances, including the suspected offence and what the police intend to do. For some less serious matters, telephone advice may be used instead of an in-person visit.
Once you have requested legal advice, the police will usually have to wait before questioning you until you have had the opportunity to receive that advice. There are limited legal exceptions. If you are unsure what is happening, tell the custody officer clearly that you have requested a solicitor and want advice before interview.
What can the duty solicitor do?
Police station legal advice is not limited to telling you whether to answer “no comment.” A solicitor can discuss the allegation with you privately, explain the police caution, consider information disclosed before interview, advise on how to respond to questions and challenge improper procedure where necessary.
A solicitor may also be present during an interview and can intervene where appropriate. There is no universal answer about whether someone should answer questions, give a prepared statement or remain silent. The correct approach depends on the facts, which is why case-specific advice matters.
A practical example
Imagine someone is arrested after an argument outside a venue and told the police want to interview them about an assault. They think asking for a solicitor will cause delay or make them look guilty. The practical step is to tell the custody officer they want free legal advice. The solicitor can speak with them privately, find out what the allegation is, explain the caution and advise them on the interview based on the actual circumstances.
That can be especially valuable when a person is tired, anxious or unsure which details may later matter. A police interview can become evidence in a criminal case, so it is not a good setting for guessing about your legal position.
Duty solicitor or your own solicitor?
Choosing a solicitor in the UK does not always mean using the duty solicitor. If you already know a criminal defence solicitor, you can ask the police to contact them. The duty solicitor is often the simplest option when you do not have a lawyer, cannot contact your usual firm or need advice at an unusual hour. The service is available 24 hours a day.
What about a voluntary police interview?
Free legal advice may also be available when you are asked to attend a voluntary police interview as a suspect. “Voluntary” means you are not under arrest, but the interview can still be recorded and used as evidence. You can ask for a solicitor and should be told about your right to legal advice. If possible, arrange representation before the appointment.
Does the same system apply everywhere in the UK?
Criminal procedure is not identical across the United Kingdom. The arrangements above mainly reflect England and Wales. Scotland has its own criminal justice system, but people in police custody there also have a right to free legal advice and can ask for a duty solicitor. Northern Ireland has separate rules and legal aid arrangements, including free advice and assistance for people interviewed at a police station in connection with a suspected offence.
Frequently asked questions
Can the police refuse to let me have a duty solicitor?
You have a right to legal advice at the police station. In England and Wales, access can only be delayed in limited exceptional circumstances set out by law.
How quickly will a duty solicitor arrive?
There is no single guaranteed arrival time. Advice may sometimes be provided by telephone, while an in-person attendance depends on the circumstances, location and solicitor availability. The custody officer should act to secure legal advice without unnecessary delay.
Can I change my mind after refusing a solicitor?
Yes. Tell the custody officer that you have changed your mind and want legal advice.
Will asking for a solicitor make me look guilty?
No. The right exists to help you understand your position and protect your legal rights. Using it is not an admission of guilt.
Know the right before you need it
If you or a family member is taken to a police station, one clear request can make the situation easier to navigate: ask for independent legal advice before interview. A free duty solicitor can explain the process, advise on the specific allegation and help protect your rights when decisions may have long-term consequences. Related topics worth reading include rights in police custody, what happens after a criminal charge and how criminal legal aid works. This information is general guidance and is not a substitute for advice from a solicitor who knows the facts of your case.