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Do I Need a Solicitor at a Police Station Interview?
Key Takeaways
- Voluntary interviews are governed by section 29 of PACE
- You are free to leave at any time as you are not under arrest
- You have the right to free legal advice even for voluntary interviews
- Anything you say can still be used as evidence against you
If you are arrested or invited for a voluntary interview at a police station in Kent, you have the right to free legal advice. This guide explains why exercising this right is important.
Your Right to Free Legal Advice
Under the Police and Criminal Evidence Act 1984 (PACE), everyone has the right to free, independent legal advice at a police station. This right is:
- Free: free independent legal advice is available whether you are under arrest or attending a voluntary interview (PACE Code C, paragraphs 6.1 and 3.21A(b))
- Private: you can consult a solicitor privately, in person, in writing or by telephone (Code C, paragraph 6.1)
- Available at any time: the right to legal advice is a continuing right that can be exercised at any stage in custody (Code C, paragraph 3.1(a)), and if you said no at first you can change your mind (Home Office Notice of Rights and Entitlements)
What a Solicitor Does During Interview
A solicitor attending a police station interview in Kent will:
- Ask the investigating officer what information the police can give about the allegation (Code C, paragraph 11.1A)
- Advise you in private before the interview
- Sit with you in the interview (Code C, paragraph 6.8)
- Intervene to seek clarification or challenge an improper question (Code C, Note 6D)
- Advise you on whether to answer questions, give a prepared statement or make no comment; that is a tactical choice you make with their advice
Common Misconceptions
"Asking for a solicitor makes me look guilty." This is not true. Requesting legal advice is a fundamental right and shows you are taking the situation seriously. The Home Office Notice of Rights and Entitlements says that asking to speak to a solicitor does not make it look like you have done anything wrong, and police officers must not do or say anything intended to dissuade you from getting legal advice (Code C, paragraph 6.4).
"If I am innocent, I can just explain." While this may seem logical, police interviews are designed to gather evidence. Without legal advice, you may unintentionally say something that harms your case. A solicitor can help you present your case effectively.
"I only need a solicitor if I am guilty." Everyone benefits from legal advice, regardless of whether they are innocent or guilty. A solicitor ensures your rights are protected and helps you make informed decisions.
Voluntary Interviews
Even if you are invited for a "voluntary" interview, you should still have a solicitor present. These interviews:
- Are carried out under caution, so anything you say can be used as evidence
- Are usually audio recorded (PACE Code E, paragraph 2.1)
- Can lead to a charge, a caution or other outcome, just like an interview after arrest
If you are invited for a voluntary interview at a Kent police station,
for free legal advice.Understanding Voluntary Interviews
A voluntary interview, governed by section 29 of PACE, is where the police invite you to attend the police station for questioning without arresting you. You are not under arrest and are free to leave at any time under Code C, paragraph 3.21. However, anything you say can still be used as evidence against you.
Your Rights in a Voluntary Interview
Even though you are not under arrest, you have the right to free and independent legal advice, including having a solicitor present during the interview (PACE Code C, paragraphs 3.21A(b) and 6.1). You also have the right to remain silent. The police must caution you before questioning, informing you that you do not have to say anything but that it may harm your defence if you do not mention something you later rely on in court.
Should You Attend?
Before attending a voluntary interview, you should consult a solicitor. If you fail to attend, the police may decide to arrest you; an arrest under section 24 of PACE needs reasonable grounds to suspect an offence and to believe arrest is necessary. Your solicitor can help with the timing and ask the police for information about the allegation before you attend, so you are properly prepared.
What Happens After the Interview?
Because you have not been arrested, you are normally free to leave after a voluntary interview while the investigation continues (PACE section 29). Release under investigation and pre-charge bail apply to people who have been arrested. The police may later take no further action, invite you back for a further interview, or charge you; a charge after a voluntary interview may be made by a written charge and requisition sent to you (Criminal Justice Act 2003, section 29).
Further Information
For more information about police station representation and your legal rights, visit our Police Station Representation page. If you have been invited for a voluntary interview, see our guide on Voluntary Interview Advice. For local services, check our Kent Police Stations guide.
Frequently Asked Questions
Can I refuse to attend a voluntary interview?
Yes, you can refuse. However, the police may then decide to arrest you. An arrest under section 24 of PACE needs reasonable grounds to suspect you of an offence and reasonable grounds to believe that arrest is necessary for one of the reasons in section 24(5), such as allowing the prompt and effective investigation of the offence. Speak to a solicitor before deciding.
Do I have to answer questions in a voluntary interview?
No. You have the right to remain silent. However, under section 34 of the Criminal Justice and Public Order Act 1994, a court may draw an adverse inference if, when questioned under caution, you fail to mention a fact you later rely on in your defence and which you could reasonably have been expected to mention at the time.
Is a voluntary interview recorded?
Yes, usually. Under PACE Code E (2018), paragraph 2.1, an interview under caution about any offence must be audio recorded where an authorised recording device and a suitable room are available. Some interviews are also video recorded under Code F. The recording gives an accurate record for both you and the police.
Disclaimer: This article is for general information only and does not constitute legal advice. For advice specific to your situation, contact a qualified solicitor. Legal Aid is available for police station representation regardless of your financial circumstances.
References
- Police and Criminal Evidence Act 1984, section 29
- PACE Code C (2023), paragraphs 3.1, 3.21, 3.21A, 6.1, 6.4, 6.8, 11.1A and Note 6D (brought into operation by SI 2023/1422)
- Police and Criminal Evidence Act 1984, section 58
- Criminal Justice and Public Order Act 1994, section 34
- PACE Code E (2018), paragraph 2.1
- Criminal Justice Act 2003, section 29 (written charge and requisition)
- Legal Aid, Sentencing and Punishment of Offenders Act 2012, section 13
Sources
- GOV.UK — PACE Code C 2023 (accessible text)
- PACE 1984, section 58 — right to legal advice at the police station
- PACE 1984, section 76 — exclusion of confessions
- Home Office — Notice of Rights and Entitlements
- SRA register — Tuckers Solicitors LLP (592449)
General information only — not legal advice about any individual case. While every care is taken to keep information accurate, errors may occur and the law changes. Do not rely on this page instead of advice from a qualified solicitor. If you believe something is incorrect, contact us to report a content error. Statutory references and Code C paragraphs are summarised for readability; refer to the official published versions linked above.