Can You Get Free Legal Advice at the Police Station?
Key Takeaways
- Your solicitor has the right to disclosure under Code C, paragraph 11.1A
- Disclosure must be sufficient to enable proper legal advice
- You can refuse to answer questions if disclosure is inadequate
- Always request a solicitor before any police interview
Yes, legal advice at the police station is completely free under Legal Aid, regardless of your financial circumstances. This fundamental right is provided under section 58 of the Police and Criminal Evidence Act 1984 and Schedule 1, Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
Your Right to Free Legal Advice
Under section 58 of PACE, everyone has the right to consult with a solicitor when arrested or interviewed by the police. This right is not means-tested - it is available to everyone, regardless of income or savings. Under Code C, paragraph 6.1, the police must contact a solicitor on your behalf immediately upon request, without delay.
When Legal Advice is Available
Free legal advice is available whether you have been arrested and taken to a police station, or invited for a voluntary interview. Under Code C, paragraph 3.21, even during voluntary interviews, you have the same right to free legal advice. The duty solicitor scheme operates 24 hours a day, 7 days a week, including bank holidays.
What the Solicitor Will Do
An accredited duty solicitor will advise you on your rights, obtain disclosure of the case against you under Code C, paragraph 11.1A, advise you on whether to answer questions, attend your interview with you, and ensure police procedures are followed correctly. Under Code C, paragraph 6.5, you have the right to consult with your solicitor in private before and during the interview.
No Cost to You
The cost of legal advice at the police station is covered by Legal Aid, funded by the government. You do not need to pay anything, and your financial circumstances are not relevant. This ensures everyone has access to expert legal representation, which is fundamental to ensuring fairness in the criminal justice system.
The Importance of Pre-Interview Disclosure
Before any police interview, your solicitor should obtain disclosure from the investigating officer. Under Code C, paragraph 11.1A, you are entitled to be informed of the nature of the suspected offence and why you are suspected of committing it. This information must be sufficient to enable your solicitor to provide proper legal advice.
What Should Disclosure Include?
Proper disclosure should include the details of the allegation, any evidence gathered such as CCTV, forensic evidence, or witness statements, the circumstances of your arrest if applicable, and any other material facts relevant to your interview. Under the Criminal Procedure and Investigations Act 1996, section 3, the prosecution has ongoing disclosure obligations.
Challenging Inadequate Disclosure
If the police provide insufficient disclosure, your solicitor can make representations to the custody sergeant under Code C. Where disclosure is inadequate, your solicitor may advise you to make no comment in interview until proper disclosure is provided. This protects your position while ensuring fairness in the investigation.
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
Can the police refuse to give disclosure?
The police must provide sufficient information under Code C, paragraph 11.1A. If they refuse, your solicitor can advise you on the implications and whether to answer questions without full disclosure.
What if I answered questions without a solicitor?
Any answers given may still be used as evidence. However, the court will consider whether you were properly advised of your rights under section 58 of PACE when assessing the weight of that evidence.
Is disclosure the same at police station and court?
No. Police station disclosure is more limited. Full prosecution disclosure occurs after charging under the Criminal Procedure and Investigations Act 1996.
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 (Codes of Practice) Order 2015, Code C, paragraph 11.1A
- Criminal Procedure and Investigations Act 1996, section 3
- Police and Criminal Evidence Act 1984, section 58
- R v Argent [1997] 2 Cr App R 27