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.