Can Police Interview Me Without a Solicitor?

Your Right to Legal Advice Under PACE

The Police and Criminal Evidence Act 1984 (PACE) establishes your fundamental right to free, independent legal advice when you are detained at a police station or attending a voluntary interview. This right is set out in PACE Code C, paragraph 6.1, which states that all detainees must be informed of their right to consult with a solicitor.

Once you have requested legal advice, the police are generally required to delay the interview until you have had a reasonable opportunity to consult with a solicitor. This consultation can take place in person, over the telephone, or via video link.

When the Police Must Wait for a Solicitor

In most circumstances, the police must wait for your solicitor to arrive before conducting an interview. The specific requirements include:

• You have requested legal advice (either the duty solicitor or your own solicitor)
• A reasonable time has not yet passed for the solicitor to attend
• No exceptional circumstances exist that would justify proceeding without delay
• You are not being interviewed as a witness only (different rules apply)

The police must inform you of your right to legal advice at various stages, including when you arrive at the police station, before any interview begins, and if your circumstances change during detention.

If you have declined or waived your right to legal advice, the police may interview you without a solicitor present, subject to PACE and Code C safeguards. If legal advice has been requested, the normal position is to wait until you have had a reasonable opportunity to consult a solicitor.

Exceptional Circumstances: When Interviews May Proceed

Under PACE Code C, Annex B, there are limited exceptional circumstances where the police may proceed with an interview without waiting for a solicitor. These exceptions are strictly limited and include:

1. Risk of Harm to Others

If delay would lead to interference with evidence, harm to others, or alerting other suspects, the police may proceed. However, this must be authorised by an officer of at least the rank of inspector, and the interview must be conducted in the presence of an appropriate adult if the detainee is vulnerable.

2. Immediate Interview for Serious Offences

For certain serious offences, if an interview is immediately necessary to obtain evidence, the police may proceed. However, this exception is rarely used and requires high-level authorisation.

3. Solicitor delay

If legal advice has been requested, the interview should not normally begin or continue until the person has had a reasonable opportunity to consult a solicitor. There are limited exceptions under PACE Code C, including urgent circumstances and solicitor delay, but these should be treated as exceptions and carefully recorded.

Voluntary Interviews and Legal Advice

Even if you attend a police station voluntarily (not under arrest), you still have the right to free legal advice. The police should inform you of this right before the interview begins. You can request legal advice at any point, including before you arrive at the station.

If you request legal advice during a voluntary interview, the police should pause the interview to allow you to consult with a solicitor. This consultation can happen in private, and you can choose whether to continue with the interview afterward.

How to Request Legal Advice

You can request legal advice in several ways:

• Verbally to the custody officer or investigating officer
• By asking the custody officer to arrange the duty solicitor
• By asking the custody officer to contact your own solicitor
• By using the telephone available in custody suites

The police must not discourage you from seeking legal advice, and any attempts to do so may render any subsequent interview inadmissible as evidence.

Common Misunderstandings