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Criminal Defence | England & Wales

Legal Aid or a private solicitor for a police interview?

Police station advice is free under Legal Aid whatever your income. This guide explains what that covers, what it does not, and when people choose to pay privately.

KEY ANSWER

The position in brief

If you are interviewed by the police, free legal advice is available to you under Legal Aid regardless of your income, whether you are under arrest or attending voluntarily. You can ask for a named firm that holds a Legal Aid crime contract, or for the duty solicitor. The difference with private representation is not the right to advice but the scope of the work: preparation before the interview, work between interview and charge, and who handles your case.

Legal issues

What Legal Aid covers at the police station

Advice and assistance at the police station for a suspect being interviewed is not means-tested. It covers advice before and during the interview and representation while you are in custody or attending voluntarily. You can name the solicitor or firm you want; if they cannot attend, the duty solicitor scheme provides one.

Where the differences arise

Legal Aid work is paid by fixed fees, so its scope is defined. Private instruction lets you agree a wider scope, for example a meeting and preparation well before a voluntary interview, reviewing documents and messages in detail, or making written representations to the police or CPS after the interview. Some pre-charge work can be funded under Legal Aid in limited circumstances; ask the firm to explain what is covered in your case.

For court proceedings after charge, Legal Aid depends on a means test and, in the Magistrates' Court, an interests of justice test. In the Crown Court a contribution may be payable.

Evidence that matters

Questions that decide which route suits you

  • How much time is there before the interview, and how much preparation does the allegation need?
  • Are there documents, messages or financial records that should be reviewed before you answer questions?
  • Could the investigation affect your job, regulator, immigration status or business, so that wider advice is needed alongside the criminal case?
  • Do you want the same solicitor to handle the interview, any pre-charge representations and any court case?

Reasonable lines of enquiry

Comparing the two routes

  • Cost: Legal Aid police station advice is free. Private police station representation at Theodorous starts from £2,000 + VAT, agreed in writing first.
  • Choice: under both routes you can ask for a named firm; privately you also agree who will handle the case.
  • Preparation: Legal Aid covers the advice needed for the interview; private instruction can add earlier, more detailed preparation.
  • After the interview: privately funded work can include a structured review of the evidence and representations before a charging decision.

What happens next

What happens next

Tell us the interview date, the police force and what you have been told about the allegation. We will confirm whether we can attend, explain what Legal Aid covers in your situation, and give you a written fee estimate if private work would add something. You decide before any private work begins.

Immediate steps

Before you decide

  • Do not attend a voluntary interview without legal advice.
  • Do not discuss the allegation with the police informally before the interview.
  • Keep any letter, email or text the police sent you, and note the officer's name.

What should you send us?

Just tell us the basics: the interview date, the police force and the officer's name if you have it. We will ask for anything else later.

Legal information from Theodorous. The law and procedure can change and the application of the law depends on the facts. This guide is general information, not advice on your individual case.

HOW WE CAN HELP

What Theodorous can do

Theodorous holds a Legal Aid Agency criminal contract and also acts privately, so we can explain both routes honestly and advise which suits your case. See police station representation, voluntary police interviews and fees and funding.

FREQUENTLY ASKED QUESTIONS

Questions before your next step

Is police station advice really free if I earn a good salary?

Yes. Advice and assistance for a suspect being interviewed at the police station is not means-tested. Your income does not affect it.

Will a Legal Aid solicitor do a worse job than a private one?

Not necessarily. The difference is usually the scope and time available for preparation, not the quality of the solicitor. Ask what preparation is included before the interview.

Can I start on Legal Aid and switch to private representation later?

Yes. Many clients receive free advice for the interview and then instruct the firm privately for work afterwards, such as pre-charge representations. The scope and cost are agreed in writing first.

NEXT STEP

Ask which route suits your interview

Tell us the interview date and police force. We will explain what is free, what private work would add, and what it would cost.

Ask which route suits your interview