Being taken to a police station can be disorientating, particularly if you have never been arrested before. One decision matters immediately: whether to ask for a solicitor before answering questions. In England and Wales, free independent legal advice is available at the police station, even if you cannot afford a lawyer. Requesting it does not suggest guilt, and you do not need to explain why you want it.
The right to legal advice at a police station in the UK is a practical safeguard. It helps you understand the allegation, the interview process and the choices open to you. The precise rules differ across England and Wales, Scotland and Northern Ireland, so location matters.
Can you get a free solicitor at the police station?
In England and Wales, someone arrested and held at a police station has the right to consult a solicitor privately. Police must explain this entitlement, and free police-station advice is normally available regardless of income. You can request a duty solicitor or ask for a particular solicitor who undertakes police-station legal aid work.
The duty solicitor is independent of the police and available through a round-the-clock scheme. Free legal advice in custody is separate from funding for later court proceedings, where different eligibility rules may apply. Some less serious cases receive free telephone advice rather than an adviser attending in person.
How to request legal advice after arrest
When the custody officer explains your rights, say clearly: “I want free legal advice before being interviewed.” If you have a criminal defence solicitor, give their name. Otherwise, ask for the duty solicitor. In England and Wales, police arrange contact through the Defence Solicitor Call Centre.
Ask the custody officer to record your request. If the solicitor has not contacted you, repeat it. You can ask again during detention, even if you initially declined advice. You do not lose your right to a solicitor because you felt confident when you arrived.
What happens when the solicitor contacts you?
You should have an opportunity for a private conversation, by telephone or in person as appropriate. Explain what happened, what officers suspect you of doing and any concerns about your treatment. Be accurate; your solicitor needs the facts, including uncomfortable details.
A police station solicitor can seek information about the suspected offence, advise on the caution and discuss interview options. They may attend questioning, object to improper questions and request a break to give further advice. Their role is to protect your interests, not decide whether you are guilty.
Can police interview you before legal advice arrives?
Usually not if you have requested advice. Under the Police and Criminal Evidence Act framework and Code C in England and Wales, questioning about the suspected offence should ordinarily wait until you have received legal advice. Narrow exceptions can apply, including specified risks to people or evidence.
Delaying access to advice requires exceptional grounds and appropriate senior authorisation. Officers cannot refuse simply because the station is busy. If an interview is proposed before advice is provided, repeat your request and ask for the reason to be recorded.
The caution also matters. You generally do not have to answer questions about the suspected offence, but in England and Wales silence can sometimes have consequences if you later rely on facts you did not mention when questioned. A blanket instruction always to answer, or always to say “no comment”, ignores that distinction.
Do you need to be arrested to get free legal advice?
No. In England and Wales, a suspect attending a voluntary police interview under caution is also entitled to free independent legal advice. Police should explain this before the interview. You may arrange legal help beforehand and ask for a solicitor to be present. A voluntary attendee can ordinarily leave unless lawfully arrested.
Do not confuse a voluntary invitation with a harmless conversation. An interview under caution may produce evidence used in court. Ask whether you are being interviewed as a suspect, establish the allegation and arrange advice before attending. Our guide to police arrest rights explains what changes when officers decide detention is necessary.
Young people and vulnerable adults
In England and Wales, children under 18 and vulnerable adults may need an appropriate adult to support communication and understanding. That person is not a replacement for a solicitor. An appropriate adult can request legal advice where it is in the detainee’s best interests, even if the detainee initially refuses.
Tell custody staff if you have a disability, communication difficulty, medical concern or need for an interpreter. These circumstances may affect interview safeguards. A solicitor can help challenge whether questioning should proceed. Our explanation of your rights during a police interview covers further protections.
A practical example after a protest arrest
Imagine being arrested after a demonstration on suspicion of a public-order offence. At custody, officers say an interview could start soon. You remember events differently but do not know what evidence police have. Rather than guessing what to say, request the duty solicitor and ask for the request to be entered in your custody record.
The solicitor can ask what conduct is alleged, consider available information and explain questions about where you stood, what you heard or whether you followed a direction. They can advise on footage or witnesses. Seeking advice does not prevent you giving an account; it helps you decide how to proceed. If concerned about officers’ conduct, see our guide to making a complaint about the police.
Are the rules the same across the UK?
Not exactly. In Scotland, people in police custody have the right to private legal advice and to a solicitor during questioning; advice and attendance are free. Police should normally wait for the solicitor, although exceptional circumstances can apply. Scotland has its own custody legislation and procedures.
Northern Ireland has separate rules under the Police and Criminal Evidence (Northern Ireland) Order 1989 and codes revised in July 2026. Access to legal advice is an important safeguard there too, but England-and-Wales procedures should not automatically be assumed to apply. Ask a Northern Ireland criminal solicitor about the applicable arrangements.
Frequently asked questions
Is a duty solicitor really free?
Yes. In England and Wales, advice arranged under the police-station scheme is free regardless of financial circumstances. Funding for court representation is a separate matter.
Can I ask for my own solicitor?
Yes. Tell custody staff whom to contact. Free funding generally depends on the solicitor undertaking police-station legal aid work; otherwise private fees may apply.
Can I change my mind after refusing a solicitor?
Yes. Tell the custody officer that you now want advice, including if questioning has begun. You can request further consultation if needed.
Does requesting a solicitor mean longer detention?
Arranging advice may affect interview timing, but requesting it is not itself grounds to keep you detained. Legal limits on custody still apply.
Making the right count
Request legal advice clearly and early. A solicitor can explain the accusation, help you understand the caution and support you through questioning. Whether you are arrested or invited to a voluntary interview, advice allows a more informed decision. Check the rules for the part of the UK where you are being questioned.
