Do I need a solicitor for a police interview?
Yes, you can have a solicitor, and the advice is free. GOV.UK says you have the right to free legal advice if police question you at a police station. You can also change your mind later if you turn it down. The duty solicitor is independent of the police, so asking costs you nothing.
The short answer
People often ask, do I need a solicitor for a police interview? GOV.UK says you have the right to free legal advice, which is legal aid, when police question you at a station. Because the advice is free, a solicitor’s help at the station costs you nothing. Therefore, that advice is a right, not a favour.
However, the choice stays with you. You can turn the offer down and still change your mind later. If you want a wider picture of this area of law, our criminal defence page is a good place to start.
How to ask for advice
GOV.UK describes three ways to ask. First, you can ask for the police station’s duty solicitor, whom it describes as available 24 hours a day and independent of the police. Second, you can tell the police you want legal advice, and they will then contact the Defence Solicitor Call Centre. Third, you can ask the police to contact a solicitor, such as your own.
Whichever route you pick, make your request clear, so there is no doubt that you have asked for advice. If you are unsure which route to use, ask the officer to explain each option in plain words.
Advice by phone
GOV.UK says you may be offered legal advice over the phone instead of a duty solicitor. This can happen if police suspect you of a less serious offence, such as being disorderly. The advice is still free and independent of the police, although it comes by phone rather than in person. If you receive this offer, ask how the arrangement will work before you agree. For example, ask when the call will happen and how long it is likely to take.
What happens if you wait
Once you have asked for legal advice, the police generally cannot question you until you have received it. However, there are exceptions. In serious cases, police can make you wait for up to 36 hours, with a senior officer’s agreement. A longer limit applies for suspected terrorism.
Because these exceptions exist, a request for advice does not guarantee that questioning will always wait. Ask the police how long they expect the wait to last, and note what they tell you. A written note of the time you asked also helps, since it shows when your request began.
How the interview is recorded
GOV.UK says the police record questioning about the suspected crime. They must also read you the caution, which begins “You do not have to say anything”. Because a record exists, it helps to know about it before the interview starts. A solicitor can explain what the caution means in your situation. Ask them before the interview begins, so you understand the process before it starts.
How long you can be held
GOV.UK says police can hold you for up to 24 hours before they must charge or release you. For serious crimes, they can apply to hold you for up to 36 or 96 hours. These limits matter because they set how long detention can last, although every case differs. Ask your solicitor how the limits apply to your own situation, and keep their answer with your notes.
Under 18s and vulnerable adults
GOV.UK says the police must find an appropriate adult for under-18s and vulnerable adults. However, the appropriate adult cannot give legal advice or answer questions on your behalf. As a result, a young or vulnerable person may still want a solicitor alongside them, since the two roles are not the same. If you are supporting a young or vulnerable person, remember that you cannot advise them yourself.
The rules the police follow
GOV.UK lists PACE Code C (2023) as the code covering the detention, treatment and questioning of suspects in cases not related to terrorism. Reading it can help you understand how police handle these steps, although a solicitor can explain how it applies to you. It is a long document, so use it as a reference rather than a script.
If you are released under investigation
GOV.UK says the police may release you under investigation if they do not charge you. In that case, there are no rules you need to follow. However, the police continue investigating, so the matter is not necessarily over. Therefore, keep a note of any contact from the police, and consider speaking to a solicitor about what happens next. Ask them how long the police may take, since no fixed date may be given.
If you are charged
If you are charged with a crime or have to go to court, a solicitor will check whether you qualify for legal aid. GOV.UK says you automatically get legal aid for representation in court if you are under 16, under 18 and in full-time education, or on certain benefits.
Because the rules differ between the police station and court, ask early how your case is covered. Your solicitor can tell you whether you qualify, and you can ask which benefits count. Our guide to free legal advice and legal aid in London explains the wider picture. Meanwhile, our guide on whether you can represent yourself in court covers what to weigh up if you consider that route.
Before you choose a firm, use our check a solicitor page to see how to verify one.