If you are asked to attend a police station for a voluntary interview, or if you are arrested and detained for questioning, you are entitled to have a solicitor with you. At Ashtons Legal, we provide representation at police stations as a core part of our criminal defence practice. Whether you contact us directly or are facing an unexpected situation, we are here to ensure you receive proper legal support from the outset.

Before any interview, we will fully prepare your case. If you have been asked to attend an interview, we will take full instructions before that and ask the police to provide a pre-interview disclosure and information. This will explain the offence being investigated and provide at least basic information about the evidence on which it is based. We will then attend the police interview with you.

You can choose to instruct a solicitor of your own choosing, such as our team at Ashtons Legal. This option gives you control over who represents you and can provide continuity from the initial police station attendance through to the conclusion of any proceedings. This firm does not provide criminal legal aid services.

Under the duty solicitor scheme, you can receive free legal advice at the police station from a solicitor on the rota. This is a valuable safeguard, but it is important to understand that the scheme covers only your attendance at the police station itself. It does not extend to work before your attendance, such as preparation or advice in advance, nor does it cover representation or support after you leave the station. If your case progresses or you need ongoing assistance, separate arrangements will be required. Legal Aid may be available if there are any court proceedings.

Being arrested or asked to attend a police interview is something most people never expect to experience. In those circumstances, decisions often need to be made quickly, sometimes in the middle of the night and under considerable stress.

One of the first questions people face is whether to accept advice from the duty solicitor or request a solicitor of their own choosing. Understanding how each option works can help you make an informed decision.

What does a duty solicitor actually do?

A duty solicitor is a criminal defence solicitor provided through the Legal Aid Agency’s rota scheme. They are available 24 hours a day at police stations and during sessions at magistrates’ courts.

If you ask for legal advice while at the police station, the custody officer will arrange for a duty solicitor to contact you if you do not already have a solicitor in mind.

The scheme exists to ensure that nobody has to face police questioning without access to legal advice. It does not matter whether you are arrested at 3am on a Sunday morning or on a weekday afternoon. Legal advice is available.

At the magistrates’ court, duty solicitors can also provide advice and representation for people appearing without a solicitor, particularly at first hearings.

Importantly, this service is free, though strictly limited to attendance at the police station.

Why is the right to legal advice so important?

Under the Police and Criminal Evidence Act 1984 (PACE), anyone detained at a police station has the right to consult a solicitor privately and free of charge.

This right applies regardless of:

• the nature of the allegation
• the time of day
• whether you have previous convictions
• your financial circumstances.

People sometimes decline legal advice because they believe the matter is minor or because they worry that involving a solicitor will delay the process.

In practice, that can be a risky decision.

What happens at the police station can influence the direction of a case from the very beginning. The advice you receive before an interview, the decisions you make about whether to answer questions, and the representations you make to the police can all have long-term consequences.

For that reason, it is generally advisable to exercise your right to legal advice.

Duty solicitor or private solicitor: is one better than the other?

Both duty solicitors and privately instructed criminal defence solicitors are qualified professionals. The question is often whether the particular circumstances of your case mean that one option is likely to suit your needs more effectively than the other.

The duty solicitor scheme is a vital safeguard within the criminal justice system.

It provides immediate access to legal advice without requiring you to research firms or make arrangements yourself. If you find yourself unexpectedly in police custody and do not know who to contact, the duty solicitor offers a straightforward route to independent legal representation.

Duty solicitors are experienced in police station work. They understand the procedures involved, know what information should be disclosed before the interview and will ensure that your legal rights are protected.

For many people, particularly those encountering the criminal justice system for the first time, the duty solicitor scheme provides exactly the support they need.

The practical limitations of the duty solicitor scheme

Although the duty solicitor scheme is invaluable, there are practical considerations to bear in mind.

You do not choose who advises you. The solicitor allocated through the rota may have extensive experience in the particular allegation you are facing, but equally, they may have a more general criminal practice.

Continuity can also be more difficult to achieve. The solicitor who advises you at the police station may not be involved if the matter progresses to court.

For some people, this will not matter.

For others, particularly when allegations are serious, complex, or likely to have significant consequences, having a single legal team involved throughout can provide reassurance and consistency.

What does a private solicitor bring?

Choosing your own solicitor gives you greater control over who represents you.

You may wish to instruct someone because they have particular expertise, because they have been recommended to you, or because you value having a single point of contact from the outset of the investigation through to its conclusion.
One of the main advantages can be continuity.

The solicitor advising you before a police interview already understands the circumstances of the allegation, has considered the disclosure provided by the police and has heard your account first-hand. If the case proceeds, that knowledge can assist with the preparation of your defence.

Private solicitors may also have more opportunities to maintain ongoing communication with you throughout the process, helping you understand developments in the case and what to expect next.

Experience from both sides of the system

At Ashtons Legal, Tim Ridyard and Maya Devi Lal both practised as duty solicitors before moving into private practice.

Having represented clients through the duty solicitor scheme, they understand the crucial role it plays in ensuring access to justice. They have advised individuals at police stations during unsociable hours, represented defendants appearing unexpectedly before the magistrates’ court and witnessed first-hand the pressures faced by people navigating the criminal justice system for the first time.

That experience continues to shape their approach today.

It also means they recognise that there is no one-size-fits-all answer. Sometimes, the duty solicitor is the most appropriate option. In other situations, particularly where allegations are more serious or where clients seek continuity of representation, instructing a solicitor of their own choosing may provide additional reassurance and support.

Can you change solicitors later?

Yes.

If you initially receive advice from the duty solicitor but later decide you would prefer to instruct a solicitor of your choosing, you are entitled to do so.

This is common in practice.

Many people first encounter the criminal justice system unexpectedly. Accepting advice from the duty solicitor at that stage is often the most sensible course of action. Once the immediate situation has settled, they may then choose to instruct a solicitor to represent them on an ongoing basis if the case continues.

You are not committed to the solicitor who first advises you.

How does representation work at court?

The arrangements for representation at court differ from those at the police station.

Magistrates’ Court

Legal Aid for representation in the magistrates’ court is subject to two tests.

The Interests of Justice Test considers factors such as whether there is a risk of imprisonment, whether the case involves complex legal issues or whether the outcome could significantly affect your livelihood or reputation.

The means test considers your financial circumstances.

Many individuals do not qualify for Legal Aid in the Magistrates’ Court due to the means test.

If you satisfy the relevant criteria, Legal Aid may be available. If not, you may choose to fund representation privately or represent yourself.

The duty solicitor at court can often assist at initial hearings, but ongoing representation will usually require a formal Legal Aid application or private funding arrangement.

Crown Court

Representation in the Crown Court is generally available through Legal Aid where the Interests of Justice Test is met. However, Crown Court Legal Aid is subject to means testing, and some individuals may be required to make financial contributions towards their defence costs.

Whether you had a duty solicitor or a solicitor of your own choosing at the police station does not affect your eligibility for Legal Aid if proceedings progress to court.

Ashtons is not a Legal Aid registered firm and is therefore unable to facilitate Legal Aid funding. Should you wish to explore Legal Aid funding at any stage, you would need to instruct a firm holding a Legal Aid contract with the Legal Aid Agency.

So, which option should you choose?

If you are arrested unexpectedly and do not already know a criminal defence solicitor, requesting the duty solicitor is almost always preferable to proceeding without legal advice.

The existence of the duty solicitor scheme reflects the importance of early legal representation, and there should never be any reluctance to make use of it.

If, however, you are facing a serious allegation, have concerns about the impact of proceedings on your career or family life, or simply wish to choose who represents you throughout the process, instructing your own solicitor may be something you wish to consider.

Ultimately, the most important thing is that you receive legal advice at the earliest opportunity.

Nobody should feel they have to navigate the criminal justice system alone.

Contact our Criminal Defence solicitors today

If you require legal support with any issues covered in this article, please get in touch with our specialist Criminal Defence team by using our online enquiry form or by calling 0330 191 4448.