Instructing a Solicitor for a Family Member — What You Can (and Cannot) Do

Yes — you can arrange a solicitor on their behalf

It is a long-standing principle of English and Welsh criminal procedure that a person in police custody is entitled to free, independent legal advice. That right does not stop at the custody-suite door: a family member, partner, or authorised representative can contact a solicitor and arrange representation on the detainee’s behalf.

Once instructions are accepted, the solicitor contacts the custody suite, the custody officer informs the detainee that legal representation has been arranged, and the detainee can either accept, decline, or ask for the duty solicitor instead. The point is that nobody is left without options.

What we are — and what we are not

We are a firm of independent criminal defence solicitors. We are not the police, and we are not connected to any custody suite, investigation team, or government agency. We do not hold information about other firms’ clients, and we cannot pass messages to officers.

That distinction matters because many family enquiries are misdirected at solicitors when they should go to the police. The next sections explain the line.

What we CAN do for family members

• Take instructions from you to attend the police station and represent your relative.
• Notify the relevant custody suite that your relative now has representation.
• Attend in person to consult, advise, and represent in interview.
• Provide general information about the legal process — for example, what an interview under caution is, how custody time limits work, or what release under investigation means.
• Advise you, in general terms, on how to support your relative on release without prejudicing the case.

What we CANNOT do — even though you instructed us

This is the part that surprises most callers. Once a solicitor is engaged for your relative, the relationship is between the solicitor and the detainee, not between the solicitor and you. That means:

• We cannot tell you what your relative has said, what the allegation specifically is, or what the evidence shows.
• We cannot give you live updates from inside the custody suite or the interview.
• We cannot share advice we have given them.
• We cannot ask the police to release them on a family member’s instructions.
• We cannot contact officers about the investigation on your behalf.

These restrictions exist because all communications between a solicitor and their client are protected by legal professional privilege. That privilege belongs to your relative, not to you, and it cannot be waived by anyone other than them.

What the police CAN and CAN’T tell you

Subject to limited exceptions, the police can usually:

• Confirm whether your relative is at a particular custody suite.
• Confirm broadly that an investigation exists.

What they will not do:

• Discuss the evidence or the allegation in detail.
• Give predictions about charge, bail, or release.
• Take messages from family members to the detainee.

For police-side enquiries, contact the relevant force directly — kent.police.uk for Kent, or 101 nationally for non-emergency matters.

What information to give the solicitor

When you call to instruct, please have ready:

• Your relative’s full name and date of birth.
• The police station / custody suite where they are held (if known).
• The approximate time of arrest or interview appointment.
• The alleged offence (if you know — it is fine if you do not).
• Your relationship to them.
• A callback number on which we can reach you quickly.

Voluntary interviews

If your relative has received an invitation to a voluntary interview, the same principle applies: you can instruct a solicitor on their behalf, and the solicitor will then liaise directly with the officer in the case and with your relative to obtain disclosure and arrange attendance.

Practical advice for the family

• Do not contact the officer in the case directly to argue the allegation — it can hurt the defence.
• Do not post about the matter on social media. Anything visible may be used.
• Do not delete messages or other potential evidence — that risks a separate offence (perverting the course of justice).
• Look after yourself: collecting belongings, arranging childcare, and having a calm space for your relative on release matters.

Next steps

To instruct a solicitor for someone now, please use the form on our contact page and select “Family member acting for someone who needs a solicitor”. The form is short, deliberately, so we can act quickly.