Is Legal Advice Free at a Police Station?

Your Right to Free Legal Advice

Under the Police and Criminal Evidence Act 1984 (PACE), everyone has the right to free, independent legal advice when they are detained at a police station or attending a voluntary interview. This right is absolute and does not depend on your income, assets, or whether you can afford to pay for legal representation.

The police must inform you of this right when you arrive at the police station, before any interview begins, and at various other stages during your detention. This right applies whether you are under arrest or attending voluntarily.

How Legal Advice is Funded

Free legal advice at police stations is funded through the legal aid system, which is administered by the Legal Aid Agency. The costs are covered by the government, meaning you do not pay anything for:

• Initial consultation with a solicitor
• The solicitor's attendance at the police station
• Advice before, during, and after your interview
• Legal representation during the interview
• Telephone advice if the solicitor cannot attend in person

This applies regardless of your financial situation. Unlike other forms of legal aid, there is no means test for police station advice. Whether you are employed or unemployed, have savings or none, the advice is free.

The Duty Solicitor Scheme

The duty solicitor scheme provides 24-hour access to free legal advice at police stations across England and Wales. This service operates through a rota system, with solicitors available on call at all times.

How to Access the Duty Solicitor

You can request the duty solicitor in several ways:

• Tell the custody officer that you want legal advice
• Ask to speak to the duty solicitor
• Use the telephone in the custody suite to contact the scheme directly
• Request legal advice at any time, even if you initially declined it

The duty solicitor will usually attend the police station in person, though in some circumstances they may provide advice over the telephone or via video link. The duty solicitor is independent of the police and works solely in your interests.

Using Your Own Solicitor

You are not limited to using the duty solicitor. You can choose to contact your own solicitor, and if they are available and willing to attend, they can provide your legal advice instead. Your own solicitor's attendance at the police station is also covered by legal aid, meaning there is no cost to you.

However, if you choose to use your own solicitor, you may need to wait longer for them to arrive, especially if it is outside normal business hours. The duty solicitor is usually the fastest option for immediate advice.

What the Solicitor Can Do

A solicitor attending the police station can provide a range of services, all free of charge:

• Explain your legal rights and the police procedures
• Advise you on whether to answer questions or exercise your right to silence
• Attend your interview with you and intervene if necessary
• Ensure the police follow proper procedures
• Provide advice on bail conditions if you are charged
• Advise you on what happens next in the investigation

The solicitor's role is to protect your rights and ensure you receive fair treatment. They work independently of the police and are bound by professional obligations to act in your best interests.

Common Misunderstandings