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Legal advice before you answer police questions.

If you are arrested or asked to attend a voluntary interview, obtain advice before the interview starts. Free independent legal advice is available at the police station, and requesting a solicitor is your right.

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Arrested or invited to a voluntary interview?

A police interview is an evidential stage of an investigation, not an informal conversation. What is said, what is not said, and the way an account is presented can affect the entire case. The police caution specifically warns that silence can sometimes have consequences if a fact is later relied on in court.

At a police station you have a right to free independent legal advice. A voluntary attendee is also entitled to free legal advice before interview and to have a solicitor present. Asking for a solicitor is not an admission and should not be treated as one.

Do not guess your way through an interview.

The correct interview strategy depends on the allegation, the disclosure provided by police, your instructions and the evidential position. Full comment, a prepared statement, selective answers or no comment can each be appropriate in different circumstances.

What we do at the police station

Before interview, we seek disclosure from the investigating officer, take your instructions in private and advise on the evidence and interview strategy. During interview, we monitor the questioning, protect your legal rights and intervene where necessary. Afterwards, we advise on release, bail, further enquiries and the next strategic steps.

Where the investigation is likely to continue, we consider whether there is useful defence material that should be preserved immediately—CCTV, messages, call logs, location data, documents or witnesses—and whether representations should be made before a charging decision.

Voluntary interviews

A voluntary interview is still an interview under caution. You are not under arrest and are generally free to leave, but the answers remain evidential. The fact that an appointment has been arranged in advance is an opportunity to obtain advice, understand the allegation and prepare properly rather than attending alone.

After the interview

Police may take no further action, continue enquiries, release under investigation, impose pre-charge bail where the statutory test is met, or submit a file for a charging decision. Where the case continues, we can remain instructed to deal with bail, disclosure enquiries, evidence preservation and pre-charge representations.

Pre-charge representationsPut defence material before the charging decision.Bail adviceConditions, extensions and investigation strategy.

Police station FAQs

Is a solicitor at the police station free?

Legal advice at the police station is generally free and independent of the police. Eligibility for later court representation is a separate issue.

Does asking for a solicitor make me look guilty?

No. It is a legal right. Official police guidance expressly states that asking to speak to a solicitor does not make it look as though you have done anything wrong.

Should I attend a voluntary interview without a solicitor?

We recommend obtaining advice first. A voluntary interview is recorded, conducted under caution and can be relied upon as evidence.

Police station procedure

What happens from arrest or voluntary attendance to release

The police station is often the most important stage of a criminal case. The interview account can later be relied upon by the prosecution, compared against future evidence and used when charging decisions are made. Legal advice should therefore begin before the first substantive answer is given.

Arrest and detention

An arrested person is taken into custody, booked in and brought before a custody officer. The custody record should identify the suspected offence, grounds for detention, reviews, property, legal advice requests and significant events. Detention is subject to statutory time limits and review requirements under PACE.

Voluntary interview

A voluntary interview is still an interview under caution. The suspect is not under arrest and is generally free to leave, but the answers can carry the same evidential importance as answers given after arrest. Free legal advice is ordinarily available and should be obtained before attending.

Disclosure before interview

Police disclosure before interview is often limited. We seek enough information to understand the allegation, evidence said to exist and issues the investigator wishes to test. We then take instructions and assess whether the proposed interview approach protects the client’s position without creating avoidable adverse inferences.

After interview

Possible outcomes include no further action, release under investigation, pre-charge bail, further enquiries, a caution or other out-of-court disposal, or charge. The period after interview can be used positively to preserve evidence and make representations rather than simply waiting for the police file to progress.

Material that can matter immediately

  • the custody record and detention review entries;
  • the officer’s disclosure and interview plan;
  • the full audio/video interview recording;
  • body-worn video and footage surrounding arrest or search;
  • CCTV, doorbell footage or location evidence that may be overwritten;
  • messages, call logs and contemporaneous communications;
  • medical evidence, photographs and witness details;
  • search records, seizure schedules and device references.
Police-station legal advice: criminal legal advice at the police station is generally free regardless of income. A suspect can ask for a solicitor even if the police describe the interview as voluntary.

BEFORE AND AFTER INTERVIEW

Preparation starts with disclosure and does not end when the recording stops

The interview strategy should be based on what the police disclose, what the client can reliably account for and what evidence may exist outside the police file. Silence, a prepared statement and full answers are legal and tactical choices, not templates.

Before interview

The solicitor should obtain and test the disclosure, take instructions in private, identify legal issues and decide what further information should be requested before advice is given on how to answer questions.

During interview

Questions, exhibits and new allegations should be monitored carefully. If the interview moves materially beyond the disclosure or fairness requires it, the solicitor can seek a break to take instructions and reconsider strategy.

After interview

The immediate issues can include bail, conditions, seized devices, property, further enquiries and evidence that should be preserved. Where appropriate, post-interview or pre-charge representations may follow.

Voluntary attendance

A voluntary interview is still an interview under caution and can be relied upon in proceedings. The absence of arrest does not make legal advice less important.

Useful information before attendance

  • the officer, police station and proposed interview date;
  • the alleged offence and any incident date or location;
  • the invitation, arrest paperwork or bail documentation;
  • relevant messages, recordings, photographs or alibi information; and
  • any medical, communication or accessibility needs that may affect the interview.
Police-station legal advice is generally free under the criminal legal aid scheme. The decision to ask for a solicitor should not be influenced by concern that it makes a suspect appear guilty.

Before interview

Get advice before the recording starts.

Early legal advice protects your position and gives you a strategy for what comes next.

Request assistance

Frequently asked questions

Police station representation FAQs

Is a solicitor at the police station free?

Legal advice and representation at the police station is generally free and independent of the police under the criminal Legal Aid scheme, regardless of income. Funding for later court proceedings is a separate question.

Should I attend a voluntary interview without a solicitor?

A voluntary interview is still an interview under caution and what you say can be used in evidence. You are entitled to legal advice and should normally arrange representation before attending.

Does asking for a solicitor make me look guilty?

No. Requesting legal advice is a legal right. It is not an admission and should not be treated as evidence of guilt.

Should I answer every police question?

That depends on the evidence disclosed, the allegation, your account and the risks created by silence or by answering. The correct interview strategy may be full comment, no comment or a prepared statement with selective answers. It should be decided after legal advice, not guessed in the interview room.

What disclosure should my solicitor receive before interview?

The police are not required to disclose their entire case before interview, but sufficient information should normally be provided to enable meaningful legal advice. The defence can seek clarification about the allegation, key evidence and the issues the interviewer intends to raise.

Can I speak to a solicitor before I go to the station?

Yes. In a planned voluntary interview, early contact allows the solicitor to liaise with the officer, obtain preliminary disclosure where possible, discuss the allegation and identify evidence that should be preserved before attendance.