If you’ve been arrested or called to a police station for questioning, one of the most important things you need to know is your right to legal advice. It can be a stressful and confusing time, but it’s crucial to understand your rights and what support you’re entitled to, especially when it comes to the assistance of a solicitor.
One common question many people have is: Do I have to pay for a solicitor at the police station? The good news is that you do not have to pay for a solicitor if you’re detained at the police station. In fact, you have the right to free legal advice, no matter your financial situation. This article will explain why you have this right, how to get legal advice, what a solicitor can do for you, and what happens if you choose not to get legal help during your police interview.
Your Right to Free Legal Advice at the Police Station
If you’ve been arrested or asked to attend a voluntary police interview under caution, you are entitled to free, independent legal advice at the police station. This is a fundamental right in the UK, designed to ensure that everyone, regardless of their financial circumstances, can access legal help during a critical stage of a criminal investigation.
Whether you’ve been accused of a minor offence or something more serious, the law protects your right to have a solicitor present. The solicitor will ensure that your rights are respected during the interview process, and that you understand the questions being asked and the potential consequences of your answers.
How to Access a Solicitor at the Police Station
You do not need to worry about finding a solicitor on your own. The police will inform you of your right to free legal advice once you are detained or asked to attend an interview. You can access legal assistance in several ways:
Duty Solicitor
Every police station has a duty solicitor available 24/7. These solicitors are independent of the police and are there to represent you, ensuring that your rights are protected. They are available to come to the station and advise you at any time of the day or night, regardless of the offence you’re suspected of.
Solicitor of Your Choice
If you have your own solicitor, you can ask the police to contact them on your behalf. Your solicitor will then be allowed to attend the police station and offer advice during your interview.
Defence Solicitor Call Centre (DSCC)
If you don’t have a solicitor, you can ask the police to contact the Defence Solicitor Call Centre. This service can connect you to a qualified solicitor who will represent you at no cost.
It’s important to note that legal advice is completely free, and you won’t be asked to pay anything for it, no matter your financial situation. It doesn’t matter whether you’re accused of a minor offence like being disorderly or a more serious crime like theft or assault — you still have the right to free legal representation.
Can You Be Questioned Without Legal Advice?
Once you’ve asked for legal advice, the police cannot question you until you’ve had a chance to speak with a solicitor, unless there are certain exceptions in place. The only time this might not apply is if the police have been granted special permission to delay questioning, for instance, in certain serious cases where they believe that a delay might hinder the investigation. However, this requires approval from a senior officer and cannot go on for too long.
In normal circumstances, the longest you can be made to wait before being questioned is 36 hours after arriving at the police station (or 48 hours if the investigation is related to terrorism). This ensures that your right to legal advice is protected and that you have adequate time to discuss the situation with your solicitor before the interview begins.
What Happens If You Don’t Get Legal Representation?
If you choose not to ask for a solicitor or refuse legal representation, it could negatively affect your case in the long run. The police are required to inform you of the consequences of not having a solicitor, but the decision is ultimately yours. However, statistics and legal professionals agree that those who do not seek legal advice tend to fare worse in police interviews than those who are properly represented.
Here are some of the risks of not having legal advice:
Making Mistakes During the Interview
The police interview is a critical stage of any investigation. If you don’t have legal advice, you may accidentally say something that could harm your defence later on. Even well-intentioned answers could be interpreted in ways you don’t expect. A solicitor can guide you on how to answer questions, and in some cases, advise you to remain silent to avoid making mistakes.
Lack of Evidence Disclosure
When you have a solicitor present, the police are required to disclose certain evidence to the solicitor before the interview. This means your solicitor will know what evidence the police have against you, giving them the opportunity to discuss it with you and prepare for the interview. Without a solicitor, you may be caught off guard by evidence that you weren’t prepared for.
Poor Interview Outcomes
Without legal advice, you may struggle to handle the police interview on your own. Solicitors are experienced in handling these situations and can advise you on the best course of action, whether that’s answering questions, making a statement, or remaining silent. They are also trained to look for inconsistencies in the police’s case and can help you present your side of the story more effectively.
Less Chance of Getting a Better Outcome
In some cases, having legal representation can improve the chances of getting a more favourable outcome, such as persuading the police to drop the charges, securing an out-of-court settlement, or even preventing the case from going any further. Solicitors may also be able to advise on whether it’s in your best interest to speak to the police at all.
What Does a Solicitor Do at the Police Station?
Solicitors do much more than simply accompany you during an interview. They offer invaluable support and guidance throughout the entire process:
- Pre-Interview Advice: Before the interview starts, the solicitor will have a chance to speak with you privately and explain your rights and options. They will discuss the evidence that has been disclosed by the police and help you understand the situation.
- Guidance During the Interview:
During the interview, the solicitor will be present to ensure that your rights are respected. They can intervene if they believe the police are treating you unfairly, and they can advise you on how to answer questions. In some cases, they may recommend remaining silent or saying “no comment” to certain questions, depending on the circumstances. - Post-Interview Support:
After the interview, the solicitor will discuss what happened during the interview with you and explain the next steps. They may also advise you on whether further action should be taken and what to expect from the police investigation moving forward.
What If You Don’t Want a Solicitor?
While it’s always in your best interest to have legal representation, you do have the right to refuse a solicitor. If you decide that you don’t want legal advice, the police can still proceed with the interview. However, you must be aware of the consequences of making that decision.
It’s important to note that if you choose not to have a solicitor, you can change your mind at any point during the process. If you begin the interview without a solicitor and later realise you need one, you can request legal advice at any time.
Conclusion
In summary, if you’re taken to a police station for questioning, you do not have to pay for a solicitor. You have the right to free legal advice, and it’s highly recommended that you make use of this right. A solicitor can help you understand your situation, protect your rights, and guide you through the police interview process.
