Is Legal Advice Free at a Police Station?
Yes, legal advice is free at police stations in England and Wales for everyone, regardless of your financial circumstances. This right is protected under PACE 1984 (Police and Criminal Evidence Act 1984) and is funded through the legal aid system. You can access free advice through the duty solicitor scheme, which operates 24 hours a day, or by contacting your own solicitor.
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
- 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 may ask for your own solicitor. Police station legal advice is normally free where the solicitor provides advice under the police station legal aid scheme. Ask the solicitor or custody staff to confirm the position if there is any uncertainty.
Availability and attendance times vary. The custody officer can arrange the duty solicitor, or you can ask for your own solicitor.
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
"I have to pay for a solicitor if I use my own"
Police station legal advice is normally free where the solicitor provides advice under the police station legal aid scheme, whether you use the duty solicitor or your own solicitor. Ask the solicitor or custody staff to confirm the position if there is any uncertainty.
"Free legal advice is only for people who can't afford it"
This is incorrect. Free legal advice at police stations is available to everyone, regardless of income or wealth. There is no means test for police station advice. This is different from other types of legal aid, which may require a financial assessment.
"The duty solicitor works for the police"
This is completely false. The duty solicitor is completely independent of the police. They are qualified solicitors who work in your interests only. They are funded through legal aid, not by the police, and have professional obligations to act solely for you.
"I can't get free advice if I'm attending voluntarily"
This is incorrect. Even if you attend a police station voluntarily (not under arrest), you still have the right to free legal advice. The right applies whether you are detained or attending voluntarily for an interview under caution.
Related Questions
If you need legal advice now
If you are at a police station, ask the custody officer to arrange free, independent legal advice. You can ask for the duty solicitor or for your own solicitor. PSR Train does not provide legal advice or representation.
PSR Train is an online training platform for police station representatives. PSR Train is an online training platform. We do not provide legal advice or representation to members of the public.
Legal Sources and References
- Police and Criminal Evidence Act 1984 (PACE)
- PACE Code C: Code of Practice for the Detention, Treatment and Questioning of Persons by Police Officers (paragraph 6.1)
- Legal Aid, Sentencing and Punishment of Offenders Act 2012
Legal Disclaimer
The information on this page is for general informational purposes only and does not constitute legal advice. Content is general information based on PACE, the PACE Codes of Practice, and related criminal procedure sources. You should not rely on it as a substitute for advice from a qualified solicitor about your specific situation.
If you are at a police station or facing a police interview, ask the custody officer to arrange free, independent legal advice from a solicitor. PSR Train cannot assist with real cases.
Last updated: 16 May 2026.