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Have to attend a Police Station? Part 2
Key Takeaways
- Duty solicitor services are completely free under Legal Aid
- Duty solicitors must hold the Criminal Litigation Accreditation Scheme (CLAS) accreditation or have been a member of a duty scheme under a previous contract
- You can request a duty solicitor 24 hours a day, 7 days a week
- Your solicitor will obtain disclosure and advise you on your rights
Have to Attend a Police Station? Part 2
If you have been asked to attend a police station, understanding police powers is crucial. Under section 17 of the Police and Criminal Evidence Act 1984, police can enter and search premises to execute an arrest warrant, arrest or recapture a person, save life and limb, or prevent serious damage to property.
Search Powers
Under section 8 of PACE, police can obtain a search warrant for evidence of indictable offences. Under section 26 of the Theft Act 1968, they can search for stolen property. Under section 23 of the Misuse of Drugs Act 1971, they can search for controlled drugs. These powers must be exercised lawfully and proportionately.
Stop and Search Powers
Under section 1 of PACE, police can stop and search any person, vehicle, or anything in or on a vehicle for stolen or prohibited articles. The officer must have reasonable grounds for suspecting that they will find stolen or prohibited articles (section 1(3)). Prohibited articles include offensive weapons and articles made or adapted for use in, or intended for use in, offences such as burglary, theft, fraud and criminal damage (section 1(7) and (8)).
Your Rights During Searches
If you are searched, the police must provide certain information under PACE Code A, paragraph 3.8. This includes the officer's name and station, the legal search power being used, the object of the search, the grounds for suspicion where the power needs them, and your right to a copy of the search record if you ask within 3 months.
Seeking Legal Advice
If you're arrested and held in custody, you're entitled to consult a solicitor privately at any time (PACE s.58), and you must be told that free independent legal advice is available (Code C, paragraph 6.1). If you attend voluntarily, you must be told that you may obtain free and independent legal advice, including having a solicitor present during the interview (Code C, paragraph 3.21A). An accredited duty solicitor can advise you on your rights, attend with you, and ensure police procedures are followed correctly.
What is a Duty Solicitor?
A duty solicitor is a criminal defence solicitor on the duty scheme. Duty solicitors must hold the Criminal Litigation Accreditation Scheme (CLAS) accreditation or have been a member of a duty scheme under a previous contract (LAA Duty Solicitor Guidance, paragraph 2.1). They provide free legal advice and representation at police stations and magistrates' courts. If you're arrested and held in custody, you have the right to consult a solicitor (PACE s.58); if you're interviewed as a volunteer, Code C gives you the same right to free legal advice (Code C, paragraph 3.21A).
Qualifications and Training
Police station representatives who aren't solicitors qualify through the Police Station Representatives Accreditation Scheme (PSRAS), which is administered by the Solicitors Regulation Authority. It has three parts: a written examination, a portfolio, and a practical role-play called the Critical Incidents Test. Solicitors and barristers taking the scheme are exempt from the written examination (LAA Police Station Register Arrangements 2025). This ensures representatives have the expertise to provide proper legal advice.
When to Use a Duty Solicitor
You can request a duty solicitor when arrested and taken to a police station, when invited for a voluntary interview, or at magistrates' court if you do not have your own solicitor. The service is free under Legal Aid, regardless of your income or savings. Advice for people arrested and held in custody is provided under section 13 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and the means test in section 21 doesn't apply to it. Advice at voluntary interviews and from a duty solicitor is free without a means test under regulation 5 of the Criminal Legal Aid (Financial Resources) Regulations 2013.
The Role of a Duty Solicitor at the Police Station
A duty solicitor will: review your custody record, obtain disclosure from the investigating officer, advise you on your rights and the strength of the evidence, attend your interview and intervene if questioning becomes improper, make representations about bail or release, and ensure police procedures are followed correctly throughout.
Further Information
For more information about police station representation and your legal rights, visit our Duty Solicitor Services 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
Is the duty solicitor service really free?
Yes. Police station advice for people arrested and held in custody is provided under section 13 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and the financial eligibility rule in section 21 doesn't apply to it. Advice from a duty solicitor, and advice at a voluntary interview, is also free without a means test under regulation 5 of the Criminal Legal Aid (Financial Resources) Regulations 2013.
Can I choose my own solicitor instead of the duty solicitor?
Yes. Under section 58 of PACE, you can request your own solicitor. If they are unavailable, you can use the duty solicitor or wait for your chosen solicitor.
What if the police say I do not need a solicitor?
The police must inform you of your right to free legal advice under Code C, paragraph 6.1. Never waive this right. Always request a solicitor regardless of what the police say.
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 58
- PACE Code C (2023), paragraph 6.1 (SI 2023/1422)
- Legal Aid, Sentencing and Punishment of Offenders Act 2012, sections 13 and 21
- Criminal Legal Aid (Financial Resources) Regulations 2013, regulation 5
- Police Station Representatives Accreditation Scheme (administered by the Solicitors Regulation Authority)
Sources
- GOV.UK — PACE Code C 2023 (accessible text)
- PACE 1984, section 58 — right to legal advice at the police station
- PACE 1984, section 1 — stop and search
- PACE 1984, section 8 — search warrants
- PACE 1984, section 17 — entry and search without a warrant
- PACE Code A (2023) — paragraph 3.8, information to be given before a search
- LASPO 2012, section 13 and section 21 — police station advice and financial eligibility
- Criminal Legal Aid (Financial Resources) Regulations 2013, regulation 5 — advice without a means test
- LAA Duty Solicitor Guidance (October 2025) — duty solicitor qualifications
- LAA Police Station Register Arrangements 2025 — PSRAS accreditation
- GOV.UK: Legal advice at the police station — duty solicitors available 24 hours a day
- 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.