Why you need a criminal solicitor in the police station

Why you need a criminal solicitor in the police station

If you are arrested and taken to a police station, or asked to attend a voluntary interview, you are entering a formal criminal investigation. It can feel intimidating and fast-moving. Having a criminal solicitor (or accredited police station representative) involved early is one of the few things that reliably improves your position — because it protects your rights and prevents avoidable mistakes.

This guide explains what a solicitor actually does for you in the police station, what your key rights are, and why the timing matters.

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1) The police station is where cases are won or lost

For many people, the first interview under caution is the moment the police obtain the key evidence they need. It’s common for people to think:

• “I can explain it and it’ll go away.”
• “If I ask for a solicitor I’ll look guilty.”
• “It’s only a quick chat.”

In reality, interviews are planned. Police may already have statements, CCTV, phone downloads, ANPR, forensic results, or messages — but you won’t necessarily see the detail. A solicitor’s job is to stop you being interviewed blind, and to make sure your response is structured and legally safe.

2) Your right to a solicitor is a core protection (and it’s free)

You have a right to free legal advice at the police station. This applies whether you are:

• Under arrest in custody, or
• Attending voluntarily for an interview under caution.

It is not means-tested at the police station. You do not have to “qualify” financially.

Confidentiality and independence

Your solicitor is not part of the police. Their role is to protect you. Anything you say to them in private is confidential (legal professional privilege). That allows you to be honest about what happened so the advice is realistic and effective.

3) Disclosure before interview: why it matters (PACE Code C 11.1A)

Before interview, the police should provide enough information about the allegation and why you are suspected to allow proper legal advice. This is often called “pre-interview disclosure”. The key point is: your solicitor should insist on it and challenge inadequate disclosure.

Without disclosure, you may:

• Answer questions that you should not answer yet,
• Accidentally fill gaps in the police case,
• Misunderstand what you are actually being accused of, or
• Give an account that is later attacked as inconsistent.

Sometimes the police will only give a brief outline. A solicitor can push for more clarity (and record objections when disclosure is inadequate). That can materially change interview strategy.

4) Interview strategy is not “talk or stay silent” — it’s case-specific

Many people believe there are only two options: answer everything, or say “no comment” to everything. In reality, there are several common approaches a solicitor may advise (depending on disclosure, evidence, and risk):

• Answering questions in a controlled way (often with short, accurate answers).
• A prepared statement (placing your account on record, then answering “no comment” afterwards).
• No comment interview (sometimes the safest option if disclosure is poor or evidence is unclear).

Why advice matters

Interview decisions can affect:

• whether you are charged,
• whether you are bailed,
• how credible you appear later, and
• whether the police can claim you changed your story.

There is also a legal risk: in some circumstances, courts can draw adverse inferences if you later rely on facts you did not mention at interview. This is exactly why you should not guess your way through an interview without advice.

5) A solicitor protects you from common (and expensive) mistakes

In custody, people often feel pressure to “get it over with” or to cooperate fully. A solicitor helps you slow the process down and avoid self-inflicted harm, such as:

• Trying to persuade the officer rather than giving a legally safe account.
• Speculating (“maybe”, “I’m not sure”) in ways that become damaging admissions.
• Agreeing to searches or phone access without understanding consequences.
• Signing documents or accepting police wording you don’t understand.
• Talking off the record (there is effectively no such thing in custody).

6) Beyond the interview: your solicitor’s role in outcomes

Good police station advice isn’t only about the interview. A solicitor can also:

• Make representations to the custody sergeant about detention, welfare, and procedure.
• Challenge unlawful or unfair procedures and ensure issues are recorded.
• Advise on bail / release under investigation (RUI) and conditions.
• Argue against charge by highlighting weaknesses or alternative explanations.
• Explain next steps and protect you from breaching bail conditions or undermining your case after release.

7) Extra protections for under-18s and vulnerable people

If you are under 18 or considered vulnerable (for example because of mental health issues, learning difficulties, or communication needs), additional safeguards apply. A solicitor can ensure:

• an appropriate adult is present when required,
• interviews are paused if welfare needs are not met, and
• you are not unfairly treated or misunderstood.

8) What should you do if you’re at the police station right now?

1. Ask for a solicitor immediately.
2. Do not be interviewed until you have had legal advice.
3. Do not “chat” informally with officers about the allegation.
4. Stay calm and keep it simple: your solicitor will guide the strategy once disclosure is known.

Further reading (links)

• Police station representation (Kent)
• Voluntary police interviews
• Your rights in a police interview
• No comment interviews (when and why)
• PACE Code C explained
• Kent police stations guide
• Contact

Frequently asked questions