Police Station Solicitors — Your Right to Free Legal Advice Starts Now

Your Absolute Right to Free Legal Advice

Section 58 of the Police and Criminal Evidence Act 1984 (PACE) gives every person detained at a police station the right to consult with a solicitor, privately, at any time. This right is:

• Free of charge — funded by the Criminal Defence Service, no means test
• Independent — your solicitor works for you, not the police or Crown Prosecution Service
• Available at any time — day or night, weekends and bank holidays
• Absolute — police cannot refuse this right, though they can delay it in limited serious cases for up to 36 hours
• Available to voluntary attendees — even if you attend voluntarily (not under arrest), you are still entitled to free legal advice

Police are required to inform you of this right when you are booked in at the custody suite. If you are not told, ask the custody sergeant. If police attempt to discourage you — for example, by suggesting it will take too long or that you have nothing to hide — insist on your right.

Arrested vs. Voluntary Interview — What's the Difference?

Important: "Voluntary" does not mean risk-free. A voluntary interview is under caution — what you say can and will be used as evidence against you. Always have a solicitor present.

The Police Caution & Interview Strategy

You will be cautioned before any interview:

"You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence."

The middle sentence — the "harm to your defence" element — was introduced by the Criminal Justice and Public Order Act 1994 (ss.34–37). It means that if you remain silent at interview and then raise a defence at trial that you could have mentioned earlier, the judge can direct the jury that they may draw an adverse inference from that silence.

Your solicitor will advise on the most appropriate interview strategy:

What Happens After the Interview?

1. 1
   No further action (NFA)

   If there is insufficient evidence, you will be released with no further action. This does not create a criminal record. You may receive a letter confirming NFA.

2. 2
   Released under investigation (RUI)

   You are released without charge but remain under investigation. There is no time limit on RUI. Police can recall you for further interview or charge you at any point. Your solicitor monitors the case and keeps you advised.

3. 3
   Police bail

   You are released on bail and required to return to the station on a set date. Bail conditions (curfew, exclusion zone, surrendering passport) may be imposed. Your solicitor can challenge unreasonable bail conditions before a magistrate.

4. 4
   Charged

   If the CPS authorises a charge, you will appear before the magistrates court. All criminal proceedings begin in the magistrates court. A solicitor represents you at every hearing, advises on plea, and prepares your full defence.

5. 5
   Caution or out-of-court disposal

   For less serious matters, police may offer a simple caution, conditional caution, or community resolution. You should always consult a solicitor before accepting a caution — it is a formal admission of guilt and does appear on enhanced DBS checks.

What Your Solicitor Does at the Police Station

• Consults with you privately and in confidence before any interview
• Reviews the disclosure document (the "MG3") setting out why you are being interviewed
• Challenges the legal basis of your arrest if appropriate
• Advises on the most appropriate interview strategy (no comment, prepared statement, or cooperation)
• Drafts and delivers a prepared written statement if that is the best approach
• Attends the interview itself to intervene if questions are improper
• Challenges oppressive questioning, improper breaks, or PACE Code C breaches
• Makes representations on bail or charge decisions to the custody sergeant