Being arrested is stressful enough without worrying about the cost of getting legal help. One of the most useful protections at a police station is also widely misunderstood: you can ask for legal advice, and in the normal police-station process that advice is free. You do not have to prove that you are innocent or show that you are on a low income before asking for help.
Criminal procedure is not identical across England and Wales, Scotland, and Northern Ireland. The details differ between the three legal systems, but each provides access to legal advice for people in police custody. The practical message is simple: if you are detained or questioned as a suspect, ask clearly for a solicitor and do not assume that requesting one will make you look guilty.
Your right to free legal advice in England and Wales
In England and Wales, a person at a police station has the right to free and independent legal advice. The custody officer should tell you about this right, and you can ask for advice at any time. You may request the duty solicitor or ask the police to contact your own solicitor.
The duty solicitor is independent of the police. Their job is to explain your rights, help you understand what is happening, advise you before interview and, where appropriate, be present while you are questioned. If you initially refuse legal advice, you can change your mind later.
Is a solicitor at the police station really free?
Yes. For someone questioned at a police station in England and Wales, free legal advice is available regardless of income. This differs from some later stages of a criminal case, where legal aid can involve separate eligibility rules. At the police station, you should not avoid asking for help because you are worried about a bill.
Advice may be given by telephone or by a solicitor who attends the station. In some less serious matters, telephone advice may be used. If your chosen solicitor cannot be contacted, you can still ask for the duty solicitor.
What happens after you ask for a solicitor?
In England and Wales, once you have asked for legal advice, the police will usually have to wait until you have had an opportunity to receive it before questioning you. There are limited exceptions, particularly in serious or urgent circumstances. You are also normally entitled to speak with your solicitor privately.
A practical example
Imagine you are arrested after an argument outside a venue. You believe CCTV will show that you were trying to leave rather than start a fight, but you are nervous and think asking for a solicitor will make the police suspicious. Tell the custody officer that you want free legal advice before interview. A solicitor can help you understand the allegation, the caution, the CCTV issue and how to approach questions. Asking for legal help is not an admission of guilt.
What if the interview is voluntary?
You do not always have to be under arrest to receive free legal advice at a police interview. In England and Wales, a person attending a voluntary interview as a suspect can also ask for free and independent legal advice. “Voluntary” does not mean “informal”; what you say can still become evidence.
Before attending, ask whether you are being interviewed under caution and tell the officer that you want a solicitor. This is also a natural point to read more about police interviews under caution and your right to remain silent.
How the position differs in Scotland
Scotland has its own criminal justice system. Official Scottish guidance states that a person held in police custody has the right to speak to a lawyer in private, including before questioning, and that this is free. If you already have a lawyer, you can give the police their name. If you do not, the police can arrange one. Advice may be provided by telephone or in person.
A guide to your rights in police custody in Scotland would be a useful related resource if you need the Scottish procedure in more detail.
What about Northern Ireland?
Northern Ireland also has a separate legal system. The Department of Justice states that free advice and assistance is available to anyone being interviewed at a police station in connection with a suspected offence. Revised Northern Ireland PACE Codes of Practice came into operation on 1 July 2026, so current Northern Ireland guidance should be followed rather than assuming every England-and-Wales rule applies word for word.
Can the police interview you without a solicitor?
There are circumstances in which questioning can proceed without a solicitor, but the answer depends on the jurisdiction and the facts. In England and Wales, the usual position is that once legal advice has been requested, questioning should wait until you have received it, subject to specific exceptions. It is therefore sensible to ask for legal advice early.
If you are a child or a vulnerable adult, additional safeguards may apply, including an appropriate adult. An appropriate adult supports communication and welfare but is not a substitute for a solicitor and does not provide legal advice.
What should you say at the custody desk?
You do not need legal language. A clear sentence such as “I want free legal advice and I would like a solicitor before I am interviewed” is enough. If you know the name of a criminal defence solicitor you want contacted, provide it. Otherwise, ask for the duty solicitor or the equivalent service in your jurisdiction.
Remember three practical points: ask early, do not assume you have to pay, and do not waive advice simply because you want to leave faster. Getting advice before answering important questions can be far more valuable than trying to deal with an interview while frightened or confused.
Frequently asked questions
Do I have to pay for a duty solicitor at a police station?
In England and Wales, police-station legal advice is free. Scotland also provides free access to a lawyer for people in police custody, and Northern Ireland provides free police-station advice for people interviewed in connection with a suspected offence.
Can I ask for my own solicitor?
Yes. In England and Wales, you can ask the police to contact a solicitor you know. If that solicitor cannot be reached, you can still request the duty solicitor.
Can I change my mind after refusing legal advice?
Yes. If you initially refuse legal advice, you can later tell the custody officer that you have changed your mind and want a solicitor.
Does asking for a solicitor make me look guilty?
No. Official guidance for England and Wales explains that asking to speak to a solicitor does not make it look as though you have done anything wrong. Legal representation is a safeguard, not an admission.
Use the right when it matters
If you are arrested or questioned as a suspect, asking for a solicitor is a sensible use of a legal safeguard. The rules differ across the UK, so follow the procedure for your jurisdiction. The safest step is consistent: ask clearly for legal advice early and make sure you understand your rights before answering significant questions.
