Police Station Representation

If you have been arrested, or asked to attend a police station, do one thing before anything else: ask for a solicitor.

It costs you nothing to ask. It delays nothing that matters. And the interview you are about to have will be recorded and used in evidence.

Your rights in custody

These are set out in the Police and Criminal Evidence Act 1984 and its Codes of Practice. The custody officer must explain them, and you should be given a written notice.

Free independent legal advice. You may ask for the duty solicitor or name your own.

Someone informed of your arrest. Section 56 PACE. You may have a friend or relative told where you are. It can be delayed in limited circumstances for serious offences, but not refused outright.

To consult the Codes of Practice.

Medical attention if you need it, including your own medication.

Reasonable conditions — food, drink, rest periods, and a period of at least 8 hours' continuous rest in any 24.

An interpreter if you need one, at no cost.

An appropriate adult if you are under 18, or an adult who is mentally vulnerable. The interview cannot proceed without one.

Do not be talked out of a solicitor

Officers sometimes indicate — occasionally explicitly, more often by implication — that requesting a solicitor will slow things down or make you look guilty.

It will not make you look guilty. Requesting legal advice cannot be used against you.

It may add some waiting time. That is almost always worth it.

You can change your mind and ask for a solicitor at any point, including after saying you did not want one, and including part-way through an interview.

What happens in custody

Booking in. The custody officer records your details and authorises detention. Property is taken and listed. You are told your rights.

Detention clock. Time runs from the "relevant time" — usually arrival at the station. Normally 24 hours. A superintendent may extend to 36 hours for an indictable offence. Beyond that requires a magistrates' warrant, up to 96 hours in total. Reviews must take place periodically throughout.

Samples and searches. Fingerprints, photographs and DNA can be taken without consent for a recordable offence. Intimate samples require consent and authorisation, and refusal can support an adverse inference.

Disclosure. Before interview, the officer gives your solicitor an account of the allegation and the evidence. This is often limited, and how limited it is directly affects the advice you get.

Consultation. You speak to your solicitor in private. This is legally privileged and cannot be listened to.

Interview. Recorded, under caution, with your solicitor present.

The decision. Released with no further action, released under investigation, released on bail with conditions, cautioned, or charged.

What your solicitor actually does

This is worth spelling out, because people assume the role is passive.

Obtains disclosure. We ask the officer what the allegation is, what evidence exists, and what they intend to put to you. What they say — and what they refuse to say — shapes everything.

Advises you privately on the allegation, the evidence, and the realistic options.

Advises on how to respond. Answer questions, give a prepared statement, or answer "no comment". Each carries consequences under sections 34 to 37 of the Criminal Justice and Public Order Act 1994, and the right choice depends on the disclosure.

Intervenes in interview where questioning is improper, oppressive, repetitive, or where a question misstates the evidence.

Makes representations about detention, bail and conditions.

Ensures the procedure is correct — appropriate adult present where required, rest periods observed, medical needs met.

Prepared statements

Often the most useful option. You provide a written account setting out your position, then answer "no comment" to questions.

This puts your account on record — protecting against an adverse inference for failing to mention something you later rely on — without exposing you to cross-examination in a recorded interview before you or your solicitor have seen the full evidence.

It is not right in every case. When it is right, it is very effective.

Voluntary attendance

You may be asked to attend for a "voluntary interview" without arrest. You are not detained and are free to leave.

It is not informal. It is under caution, recorded, and identical in evidential weight to an interview after arrest.

You are entitled to free legal advice for a voluntary interview . Do not attend without it.

→ Voluntary interviews under caution

The duty solicitor, and choosing your own

A duty solicitor is available at every police station, 24 hours a day, free of charge. They are independent of the police despite being arranged through the custody officer.

You may instead name your own solicitor. The custody officer must contact them. If they are unavailable, you can wait or accept the duty solicitor.

"To ask for us, tell the custody officer you want J Scott & Co Solicitors of Maidenhead and give them our number: 01628 777233."

"We act on a privately funded basis. If you want free representation under the legal aid scheme, ask the custody officer for the duty solicitor. If you would prefer us to attend on a private basis, call 01628 777233."

Fees

Frequently asked questions

Does asking for a solicitor make me look guilty? No. It cannot be used against you, and it is not evidence of anything. Innocent people benefit from legal advice at least as much as anyone else — often more, because they are the ones most likely to talk their way into difficulty.

How long will I wait for a solicitor? Usually one to two hours, sometimes longer at night or in busy periods. It is almost always worth waiting.

Can the police interview me without a solicitor? Only in limited circumstances — for example if you have declined advice, or where an urgent interview is authorised by a superintendent because of a risk to life or evidence. If you have asked for a solicitor, the interview should not proceed until they arrive.

What is the difference between a caution and a charge? A simple caution is an out-of-court disposal requiring an admission. It is not a conviction but forms part of your criminal record and is disclosable in some circumstances. Take advice before accepting one — people accept cautions to end the process quickly, without realising the consequences for employment or travel.

Can I be kept overnight? Yes, within the detention limits. If charged and not granted bail, you will be held for the next available court, which may be the following morning.

What is bail with conditions? Release subject to requirements — residence, curfew, non-contact, exclusion from an area. Conditions must be necessary and proportionate, and we can make representations about them and apply to vary them later.

What if I am innocent? Then legal advice matters more, not less. Innocent people frequently give accounts that are internally inconsistent, or mention something inaccurate under stress that is later used to attack their credibility. A solicitor helps you put your account properly.

Internal links out: /criminal-defence/ · /police-interview-under-caution/ · /motoring-offences/ · /contact