When someone is arrested, the first few hours can feel rushed and confusing. A duty solicitor provides independent legal advice before and during police questioning. In England and Wales, anyone questioned at a police station can ask for free legal advice, regardless of income. The service is available around the clock, and using it does not suggest guilt.
The basic step is simple: tell the custody officer that you want legal advice and do not guess your way through an interview. The exact system differs across England and Wales, Scotland, and Northern Ireland, but each jurisdiction provides a route to legal advice for a suspect at a police station.
What Does a Duty Solicitor Do?
A duty solicitor is a qualified criminal defence solicitor available through an official rota or contact system. They do not work for the police, prosecution or court. Their professional duty is to advise the person suspected of an offence and protect that person’s legal interests.
Police station legal advice can include explaining the allegation, the police caution and the interview process. The solicitor may ask the police for information, advise whether and how to answer questions, attend the interview, challenge an unfair procedure and make representations about detention or release.
The solicitor cannot promise release or prevent a charge. Their role is to help the client make informed decisions and ensure the police follow the applicable rules.
Is a Duty Solicitor Really Free?
At a police station in England and Wales, advice from the duty solicitor is free and not means-tested. A solicitor requested by name may also provide free police station advice if they undertake the relevant criminal legal aid work.
This entitlement relates to advice connected with police questioning. If the case later goes to court, funding rules can change. A solicitor may need to assess eligibility for criminal legal aid, and private fees may apply in some circumstances. The court duty solicitor is a separate service with its own limits.
How Do You Get a Duty Solicitor?
After arrest in England and Wales, the custody officer must explain the right to free legal advice. The detained person can say, “I want the duty solicitor,” or ask the police to contact a named criminal defence solicitor. The police contact the Defence Solicitor Call Centre, which arranges the advice independently.
Advice may begin by telephone, particularly in a less serious matter. A solicitor may attend in person when the circumstances require it, including for an interview. Conversations with the solicitor should be private.
The same right can apply when someone attends a voluntary police interview rather than being arrested. “Voluntary” does not mean consequence-free. A person invited to an interview under caution should ask how free legal advice will be arranged before attending.
How Quickly Will the Solicitor Arrive?
There is no single arrival time. It depends on location, time of day, solicitor availability, travel and whether initial advice can be given by telephone. The duty scheme operates 24 hours a day in England and Wales, but an in-person attendance can still involve a wait.
Once legal advice has been requested, the police will normally wait before interviewing the suspect. Limited legal exceptions exist. The practical step is to repeat clearly that advice has been requested and ask the custody officer when contact is expected.
Can You Choose Your Own Solicitor?
Yes. A person can ask the police to contact a particular solicitor or firm. Choosing a solicitor in the UK may help when the firm already knows the client or has relevant experience. If the named solicitor cannot be contacted, the person can still request the duty solicitor rather than proceeding alone.
Using a duty solicitor does not normally force the client to keep that firm for the rest of the case. After release or charge, the person can discuss continuing representation, legal aid eligibility and any proposed change of solicitor.
What Should a Family Member Do?
A relative cannot usually instruct the solicitor for a competent adult, but they can help. Confirm which police station is holding the person and tell the station about urgent medication, disability, communication needs or vulnerability. Do not coach the person on what to tell the police or discuss alleged facts on recorded or monitored calls.
For example, if a brother learns that his sister has been arrested, a useful response is: “Ask for the duty solicitor before answering questions, tell the custody officer about your medication, and call me when permitted.” That is safer than trying to build a defence from incomplete information.
How the System Differs Across the UK
The Defence Solicitor Call Centre process applies to England and Wales. Scotland has a separate legal system. A suspect can ask the police to contact a named solicitor, while the Scottish Legal Aid Board’s Solicitor Contact Line provides publicly funded advice around the clock and can arrange assistance.
Northern Ireland also has separate rules and legal aid administration. Official guidance confirms free advice and assistance for people interviewed at a police station about a suspected offence. In every jurisdiction, ask the custody officer directly for a solicitor rather than relying on procedures remembered from another part of the UK.
Useful Related Reading
Related topics include rights in police custody, what happens after a criminal charge and how criminal legal aid works. These issues are separate from the immediate right to police station advice and should be checked for the relevant UK jurisdiction.
Frequently Asked Questions
Can the police refuse a duty solicitor?
A suspect questioned at a police station has a right to legal advice. In England and Wales, questioning will normally wait once advice is requested, although narrow exceptions exist. Ask for any refusal or delay to be recorded and repeat the request clearly.
Will asking for a solicitor make me look guilty?
No. Requesting legal advice is a legal right and a sensible safeguard. The duty solicitor is independent of the police and is there to explain the process and protect the client’s interests.
Can I change my mind after refusing legal advice?
Yes. In England and Wales, a person can change their mind later. Tell the custody officer immediately that you now want free legal advice.
Does the duty solicitor represent me in court?
Not automatically. The same firm may continue, but court representation and legal aid eligibility must be discussed separately. A court duty solicitor may assist with certain first appearances, subject to the local scheme and hearing.
The Safest First Step
A duty solicitor is free, professionally independent and available when mistakes can have lasting consequences. Ask for legal advice clearly, discuss the facts privately and avoid trying to manage the interview alone. Because criminal procedure differs across the UK, follow the advice given for the jurisdiction where the interview takes place.