## Introduction

If you are arrested or asked to attend a voluntary police interview, asking for a solicitor is one of the most important choices you can make. Legal advice at the police station is free under the duty solicitor scheme and is available 24/7. You can also arrange for a solicitor of your choosing to attend with you, whether under legal aid or on an agreed private fee for a pre‑booked interview.

Whether you believe you have done nothing wrong or you expect to face difficult questions, a solicitor helps you understand the process, your options, and the consequences of each choice. Police interviews are not “a quick chat”. What you say — or choose not to say — can shape the outcome of the investigation and any court case that follows.

If you have already been interviewed and are on bail or released under investigation, now is still a good time to get advice. A solicitor can help you prepare for a further interview, deal with bail conditions, and make proactive contact with the police where appropriate.

## What You'll Learn

- How the duty solicitor scheme works and why it’s free at the police station
- Your right to legal advice and to have a solicitor present during interview
- Why solicitors are independent and your discussions are confidential
- Why interviews are never just a “quick chat”
- How pre‑interview disclosure and private consultation help you decide what to say
- The options in interview: full account, prepared statement, or “no comment”
- Why having a solicitor does not delay your release
- How interview answers affect charging decisions and any later trial
- How solicitors negotiate alternatives to charge, bail conditions, and interview timing
- What to do after an interview if you are on bail or released under investigation

## Core Concepts

### Your Right to Free Legal Advice

You have the right to legal advice at any time while in police custody or before a voluntary interview. At the police station, this is free under legal aid, regardless of your income. In most cases, the police should not interview you until you have had a chance to speak privately with your solicitor. If English is not your first language, you are entitled to an interpreter. If you are under 18 or considered vulnerable, an appropriate adult must be present.

Exercising your right to a solicitor is not a sign of guilt. It is a practical step to protect yourself and make informed choices. Your solicitor will explain the caution (“You do not have to say anything…”) and how it might apply to your case, including when silence could lead to unfair inferences and when it may be the safest option.

### Duty Solicitor or Your Own Solicitor

- Duty solicitor: Free, available day and night, and independent. If you do not know who to ask for, request the duty solicitor.
- Your own solicitor: If you have a preferred firm, you can ask for them. If they hold a legal aid contract, they can usually attend without charge at the police station. For pre‑arranged voluntary interviews, many firms also offer fixed‑fee private representation.

Either option gives you the protection of confidential, professional advice and representation during the interview.

### Independence and Confidentiality

Solicitors are completely independent of the police. Their duty is to you. Anything you say to your solicitor is protected by legal professional privilege and remains confidential unless you choose to share it. This applies whether you use the duty solicitor or your own solicitor, and it continues after your case ends.

This confidentiality allows you to discuss the case openly and get clear advice on the best approach without fear that your private consultation will be disclosed.

### Pre‑Interview Disclosure and Deciding What to Say

Before the interview, the police will usually give your solicitor a summary of the allegations and key evidence. This might include witness statements, CCTV, forensic findings, telephone data, or a timeline. Your solicitor will then consult with you in private, explain the strengths and weaknesses of what has been disclosed, and help you decide your approach.

Common options include:

- Giving a full account and answering questions
- Giving a prepared statement and then answering questions or going “no comment”
- Remaining “no comment” throughout

The right choice depends on the state of the evidence and the risk of unfair inferences. Your solicitor will also ensure the interview is stopped if you need a break, further advice, or to address something new that arises.

### It’s Not a “Quick Chat” — Why Interviews Matter

Police interviews are conducted because the police suspect an offence. The interview record can be used in court and may influence whether you are charged, offered a caution, bailed for further enquiries, or released with no further action. Even if you have done nothing wrong, the stress of the situation can lead to unclear answers or omissions that cause problems later.

Having a solicitor helps you keep calm, correct errors, and avoid unhelpful speculation. It also shows you are taking the process seriously.

### Time in Custody and Delays

Asking for a solicitor does not slow things down. Custody timings are controlled by law and by the police investigation. Solicitors operate on‑call rotas and can provide advice quickly by phone and in person. If there are delays, they are usually due to police enquiries, shift changes, or waiting for interpreters, evidence, or appropriate adults.

While you are in custody, your solicitor monitors the timing and can make representations if detention seems unnecessary or if you should be bailed or released.

### After the Interview: Outcomes and Impact

What happens in the interview often sets the tone for the rest of the case. Typical outcomes include:

- No further action
- Release under investigation or bail with or without conditions
- Charge (with or without bail) or an alternative disposal such as a caution

If you are charged and your case goes to court, the interview may be examined in detail. Clear, considered answers — or a justified decision to give a prepared statement or go “no comment” — can make a significant difference. If you are not charged immediately, your solicitor can contact the officer in the case, manage expectations about timing, and advise on gathering helpful material while you wait.

### Negotiation with the Police

Solicitors regularly negotiate with the police. This might include:

- Arguing there is insufficient evidence to justify a charge at that stage
- Proposing an alternative disposal (for example, a caution where appropriate)
- Discussing a lower‑level charge that better reflects the facts
- Seeking bail rather than a remand to court custody, with sensible bail conditions

These discussions are practical and case‑specific. Having a solicitor gives you a voice in decisions that affect your liberty and future.

## Key Examples or Case Studies

Case study 1: Late‑night arrest for public order

- Situation: A first‑time detainee was arrested after a pub incident. The officer suggested “a quick chat”.
- Approach: The duty solicitor obtained disclosure showing no injuries, poor CCTV, and conflicting eyewitness accounts. After a private consultation, the client gave a short prepared statement and answered limited questions.
- Outcome: The client was bailed. Within days the case was closed with no further action.

Case study 2: Voluntary interview about workplace fraud

- Situation: An employee was invited to a pre‑arranged interview months after leaving a role. They feared it would look guilty to take a solicitor.
- Approach: A preferred solicitor attended on a fixed fee. Disclosure showed gaps in the transaction trail. The client gave a prepared statement and declined to guess at missing details.
- Outcome: The police did further enquiries and later issued no further action. The careful approach avoided unintentional admissions.

Case study 3: Youth accused of assault

- Situation: A 16‑year‑old was arrested. An appropriate adult and duty solicitor attended. Disclosure revealed a self‑defence issue and witness inconsistencies.
- Approach: After advice, the young person gave a full account with the solicitor ensuring breaks and clarifying questions.
- Outcome: The interview record was clear and consistent. The case concluded with a community resolution rather than a charge.

Case study 4: Suspected drug possession with intent

- Situation: The client was found with cash and multiple phones. The police wanted to keep them for court to seek a remand.
- Approach: The solicitor argued there was no evidence of supply, proposed strict bail conditions, and highlighted stable employment and an address.
- Outcome: The client was bailed pending further enquiries. The matter later proceeded on a lesser allegation.

## Practical Applications

- If you are arrested
  - Ask for the duty solicitor immediately.
  - Do not answer substantive questions until you have spoken to a solicitor.
  - Tell custody staff about any medication or health needs. Ask for an interpreter if needed.
  - If you are under 18 or considered vulnerable, ask for an appropriate adult.

- If you are invited to a voluntary interview
  - Arrange for a solicitor to attend. Many firms offer fixed fees for pre‑booked interviews.
  - Do not discuss the case with anyone else or post on social media.
  - Gather basic documents that may help your solicitor (for example, phone details, alibis, or work rotas), but do not take material to the interview unless advised.

- During the interview
  - Listen carefully to the caution. Ask for a break if you need to speak to your solicitor.
  - Avoid guessing or filling gaps in the evidence. If you do not know, say so.
  - Let your solicitor manage any disputes about the wording of questions or the scope of the interview.

- After the interview
  - Keep in touch with your solicitor. Ask about likely timescales and next steps.
  - Follow any bail conditions strictly. Keep records that may assist your case.
  - If you are released under investigation or on bail, your solicitor can make appropriate enquiries and chase updates.

## Summary Checklist

- Ask for a solicitor before any police interview.
- Duty solicitor representation at the police station is free.
- Your solicitor is independent of the police; your discussions are confidential.
- Police interviews are not “a quick chat” — the record matters.
- Your solicitor will obtain disclosure and advise on what to say.
- You can give a full account, a prepared statement, or go “no comment”.
- Request breaks and private consultations whenever needed.
- Asking for a solicitor does not delay release; custody timings are controlled by the police and law.
- Interview answers can affect charge decisions, bail, and trial.
- Solicitors can negotiate outcomes, including bail terms and alternatives to charge.

## Quick Reference

| Concept                  | Authority/Context     | Key takeaway                                                                 |
| ------------------------ | --------------------- | ---------------------------------------------------------------------------- |
| Right to legal advice    | PACE 1984 s58; Code C | Free legal advice at the station; ask for the duty solicitor 24/7.           |
| Pre‑interview disclosure | PACE Code C 11        | Police should disclose key material to your solicitor before interview.      |
| The caution              | CJPOA 1994 s34        | Silence can sometimes lead to inferences; get advice on the safest approach. |
| Appropriate adult        | PACE Code C           | Under‑18s and vulnerable adults must have an appropriate adult present.      |
| Possible outcomes        | Police/CPS decisions  | NFA, bail, charge, or alternatives (e.g. caution) — solicitor can negotiate. |


Police Interviews: 10 Reasons to Ask for a Solicitor