Do I Have the Right to a Solicitor at the Police Station?

Yes. If arrested in England and Wales, you have the right to ask for a solicitor at the police station for independent legal advice and representation. You can ask for a solicitor of your choice or request the duty solicitor, who is available 24 hours a day.

In most circumstances, once you have requested legal advice, the police cannot question you until you have had the opportunity to speak to a solicitor, subject to limited exceptions.

If you have been arrested or asked to attend a police station for a voluntary interview, obtaining legal advice before answering questions can help you understand your position and make informed decisions.

Table of Contents

Can I Have a Solicitor at the Police Station?

Yes. You have the right to consult a solicitor privately at the police station, whether by telephone or, where applicable, in person. You can also ask for a solicitor to be present during a police interview.

Your solicitor can:

• Explain your legal rights.
• Explain the allegation being investigated.
• Advise you about the police interview.
• Discuss the information disclosed by the police.
• Advise you about answering questions or remaining silent.
• Attend the police interview with you.
• Raise appropriate concerns about your detention or treatment.
• Help you understand what is likely to happen next.

Asking for a solicitor does not mean you are guilty or have done anything wrong.

Is a Solicitor Free at the Police Station?

Yes. Legal advice at the police station is free in many circumstances. If you are arrested and held at a police station, you can ask for the duty solicitor or request a solicitor of your choice who undertakes legal-aid work.

The duty solicitor is independent of the police and is available 24 hours a day. The Defence Solicitor Call Centre (DSCC) helps arrange legal advice.

You can say: "I want to speak to a solicitor before answering any questions."

Can I Choose My Own Solicitor?

Yes. You can ask the police to contact a solicitor of your choice. If that solicitor undertakes legal-aid work and the applicable arrangements are met, you may be able to receive free legal advice and representation at the police station.

You do not have to use the duty solicitor simply because you have been offered one.

You can:

• Ask for your usual solicitor.
• Ask the police to contact a particular criminal defence solicitor.
• Use the duty solicitor if you do not have a solicitor or your chosen solicitor cannot be contacted.
• Choose to pay privately for legal advice if you prefer.

If you want Moeen & Co. Solicitors to assist you, you can ask the police to contact us.

For criminal defence advice and police-station representation, contact Moeen & Co. Solicitors on 0203 959 7755.

What Is the Duty Solicitor?

The duty solicitor is an independent solicitor who can provide legal advice to people detained at a police station. The duty solicitor is not employed by the police, and legal advice through the scheme is free.

The duty solicitor can:

• Speak to you privately.
• Advise you about your rights.
• Discuss the allegation with you.
• Advise you before a police interview.
• Attend the interview with you.
• Make appropriate representations on your behalf.

The duty solicitor scheme is designed to ensure that people at police stations can access independent legal advice, including outside normal office hours.

Can I Get Free Legal Advice Before a Police Interview?

Yes. You can obtain free legal advice before a police interview at a police station. This can apply whether you have been arrested or are attending a voluntary interview.

Your solicitor can discuss:

• Why the police want to interview you.
• The offence being investigated.
• Information disclosed by the police.
• Your account of events.
• Potential evidence.
• Whether you should answer questions.
• Whether a prepared statement may be appropriate.
• Whether a no-comment interview should be considered.

The right to legal advice is particularly important because what you say during a police interview may be used as evidence.

Can I Have a Solicitor During the Police Interview?

Yes. If you request legal advice, you can ask for your solicitor to be present during the police interview. Your solicitor can advise you, monitor the interview and make appropriate representations.

Your solicitor does not answer questions for you.

Instead, they can:

• Advise you before questioning begins.
• Explain the significance of the interview.
• Monitor the questions being asked.
• Advise you during the interview where appropriate.
• Raise concerns about improper or unclear questioning.
• Make appropriate representations to the interviewing officer.

The College of Policing recognises the role of legal advisers in advising suspects and making appropriate representations during police interviews.

Can the Police Refuse to Let Me Speak to a Solicitor?

The police cannot normally prevent you from exercising your right to legal advice, although there are limited circumstances in which access to legal advice can be delayed under the applicable rules.

Any delay is subject to specific legal safeguards.

If you are told that your access to legal advice is being delayed, ask the custody officer why and tell your solicitor as soon as you are able to speak to them.

Can I Change My Mind After Refusing a Solicitor?

Yes. If you initially refuse legal advice but later change your mind, you can ask for a solicitor while you are still at the police station.

You can tell the custody officer that you now want legal advice.

You should not assume that because you initially said "no" you have lost your right to speak to a solicitor.

Can I Speak to My Solicitor Privately?

Yes. You have the right to communicate privately with your solicitor at the police station, subject to the limited circumstances permitted by law.

Private legal advice allows you to discuss the circumstances of your arrest or interview without the police being part of the legal consultation.

Your solicitor can use this time to understand your account and explain your options before the interview.

Do I Need a Solicitor If I Have Done Nothing Wrong?

You can ask for a solicitor even if you believe you have done nothing wrong. Requesting legal advice does not mean that you are guilty or that you have anything to hide.

A solicitor can help you understand why the police want to question you and ensure that you understand the potential consequences of what you say.

Even if you believe the matter is straightforward, it is sensible to understand your position before answering questions.

Do I Need a Solicitor for a Voluntary Police Interview?

You can request free legal advice for a voluntary police interview, even though you have not been arrested. You can ask for a solicitor to advise you before the interview and, where applicable, attend with you.

A voluntary interview is still a formal police investigation.

You should not assume that because you are free to leave, the interview is informal or unimportant.

Your answers may become evidence in the investigation.

Can I Leave a Voluntary Police Interview?

If you are attending a voluntary interview and have not been arrested, you are generally not under arrest and may leave unless the police arrest you.

However, leaving does not necessarily end the investigation.

The police may decide to arrest you if they consider that the legal requirements for arrest are met.

Before attending or deciding whether to leave, it is sensible to speak to a solicitor about your circumstances.

Can a Solicitor Help Me Decide Whether to Answer Questions?

Yes. A solicitor can advise you about whether to answer questions, provide a prepared statement or exercise your right to silence, depending on the circumstances and evidence in your case.

There is no single approach that is appropriate for everyone.

Your solicitor may consider:

• The allegation.
• The evidence disclosed by the police.
• Your account.
• Any potential defence.
• Whether there are inconsistencies in the evidence.
• Whether there is information you need to put forward.
• The potential consequences of remaining silent.

The police caution warns that failing to mention something when questioned that you later rely on in court may harm your defence in certain circumstances.

Can a Solicitor Challenge the Police During an Interview?

A solicitor cannot answer questions on your behalf, but they can make appropriate representations and raise concerns about the way an interview is being conducted.

For example, a solicitor may intervene where:

• A question is unclear.
• The questioning becomes inappropriate.
• There are concerns about your ability to understand the interview.
• A break is needed.
• Your legal rights are not being respected.
• There are concerns about the way evidence is being presented.

The solicitor's role is to protect your interests and help ensure that the interview is conducted properly.

What If I Am Under 18 or a Vulnerable Adult?

Children and vulnerable adults have additional safeguards at the police station. An appropriate adult may need to be involved, and they can help protect the person's rights and welfare.

An appropriate adult is not a replacement for a solicitor.

They have a different role, including helping the person understand what is happening and checking that the police are acting fairly.

An appropriate adult can also arrange legal advice in relevant circumstances, even if the child or vulnerable adult does not want it.

What If I Need an Interpreter?

If you have difficulty understanding or communicating in English, you may be entitled to an interpreter or other appropriate communication assistance at the police station.

Tell the police and your solicitor if you need an interpreter before the interview begins.

You should not agree to an important legal interview if you cannot properly understand what is being said.

What Should I Say to the Police If I Want a Solicitor?

You can simply tell the police that you want legal advice before answering questions. You do not need to explain why you want a solicitor.

For example: "I would like to speak to a solicitor before answering any questions."

The custody officer can arrange legal advice through the appropriate system.

If you want a particular solicitor, give the police their details.

How Quickly Can I Speak to a Solicitor?

The police should arrange legal advice without delay when you request it, subject to limited exceptions that allow access to legal advice to be delayed.

GOV.UK states that in serious cases the police may make you wait for legal advice, but the delay is subject to specific rules.

If you are waiting for a solicitor, tell the custody officer if you have concerns about your treatment or need medical assistance.

Can Moeen & Co. Solicitors Represent Me at the Police Station?

Yes. Moeen & Co. Solicitors provides criminal defence advice and police-station representation for people who have been arrested or asked to attend a police interview in London.

Our criminal defence team can assist with:

• Advice following arrest.
• Police station representation.
• Police interviews.
• Voluntary interviews.
• No-comment interviews.
• Police bail.
• Criminal investigations.
• Advice about your legal rights.
• Magistrates' Court proceedings.
• Crown Court proceedings.

Early legal advice can help you understand your position before important decisions are made during a police investigation.

Need a Solicitor at the Police Station?

If you have been arrested or asked to attend a police interview, contact Moeen & Co. Solicitors on 0203 959 7755 for criminal defence advice and police-station representation.