The Duty Solicitor Scheme: Free Legal Help at the Police Station and in Court
How to get free advice from a duty solicitor at the police station or magistrates' court, who qualifies, what they do, and legal aid after charge.
Quick answer
If you are questioned at a police station in England and Wales you have the right to free legal advice regardless of income: ask for the duty solicitor (available 24 hours a day), tell the police you want advice via the Defence Solicitor Call Centre, or ask them to contact your own solicitor. For minor offences you may get free phone advice that is independent of the police. After charge, a solicitor will check whether you qualify for legal aid for court — automatic if you are under 16, under 18 in full-time education or on certain benefits, and means tested otherwise (annual income of £12,475 or less qualifies) — and at the magistrates' court you can ask to speak to the court duty solicitor on the day.
Overview
The duty solicitor scheme provides free, independent legal advice to anyone dealing with the criminal justice system. At the police station, you have the right to free legal advice (legal aid) if you are questioned — the duty solicitor is available 24 hours a day and the right does not depend on your income. A police custody officer will help you get legal aid if you have been arrested and held at a police station. At the magistrates' court, you can ask to speak to the court duty solicitor if you arrive without your own representation. For the rest of your case, a solicitor will check if you qualify for criminal legal aid, which is automatic for under-16s, under-18s in full-time education and people on certain benefits, and means tested for everyone else. This guide explains how to use each part of the scheme in England and Wales.
Who Can Use This Process
- Anyone questioned at a police station — under arrest or attending voluntarily — has the right to free legal advice
- Anyone charged with a crime or facing court can have a solicitor check whether they qualify for legal aid
- Legal aid for court representation is automatic if you are under 16, under 18 and in full-time education, or on certain benefits
- Adults otherwise face a means test (and an interests of justice test) for court representation
Step-by-Step Process
At the police station: ask for the duty solicitor
You have the right to free legal advice (legal aid) if you are questioned at a police station. There are three ways to get it: ask for the police station's duty solicitor (available 24 hours a day), tell the police you would like legal advice so they contact the Defence Solicitor Call Centre, or ask the police to contact a solicitor such as your own one. A police custody officer will help you get legal aid if you have been arrested and held at a police station.
- The advice is free whatever your income — there is no means test at the police station
- Asking for a solicitor is a right, and the custody officer must explain your rights
For minor offences, you may get advice by phone
For less serious matters you may be given legal advice over the phone instead of a duty solicitor attending in person. This telephone advice is free and independent of the police.
- If your situation is more serious than it first appears, say so — the type of advice offered depends on the offence
Do not be interviewed before your advice arrives
Once you have asked for legal advice, the police cannot question you until you have got it, with some limited exceptions. The longest you can be made to wait before getting legal advice is 36 hours after arriving at the police station (48 hours for suspected terrorism). Under section 58 of PACE you are entitled, on request, to consult a solicitor privately at any time.
- Your consultation is private — the police are not entitled to listen
- Delay to legal advice can only be authorised by a superintendent or above, and only for indictable offences
Attending a voluntary interview? You still qualify
If you attend the police station as a voluntary attender rather than under arrest, PACE Code C requires the police to tell you that you are not under arrest, that you are not obliged to remain, and that you may obtain free and independent legal advice. Ask for the duty solicitor in exactly the same way.
- Never attend a voluntary interview without at least speaking to a solicitor first — the interview is under caution
At court: ask for the court duty solicitor
If you are charged and have to go to court without representation, GOV.UK sets out your options: get advice from the same organisation that helped you at the police station, ask to speak to the court duty solicitor, or find your own solicitor. The court duty solicitor can advise you on the day of your hearing; for representation throughout your case you will need a legal aid application.
- Ask court staff for the duty solicitor as soon as you arrive
- Bring your charge sheet and any papers the police gave you
Apply for criminal legal aid for the rest of your case
A solicitor will check if you qualify for legal aid if you are charged with a crime or have to go to court. You automatically get legal aid for representation if you are under 16, under 18 and in full-time education, or on certain benefits — Universal Credit, Income Support, income-based JSA, State Pension Guarantee Credit or income-based ESA all passport the means test. Otherwise, an annual income of £12,475 or less qualifies across all court types; between £12,475 and £22,325 a full means test applies, with magistrates' court funding where disposable income is £3,398 or less.
- An interests of justice test also applies; it is automatically passed for cases sent to the Crown Court for trial
- For Crown Court trials, household disposable income of £37,500 or more makes you ineligible
Choose — or change — who represents you
You are not locked into the duty solicitor. At the police station you can ask the police to contact your own solicitor instead, and after charge you can continue with the organisation that helped you at the police station, use the court duty solicitor for the day, or find your own solicitor using GOV.UK's legal adviser search. If you want to switch firms, raise it with your new solicitor early so legal aid arrangements can be sorted before your next hearing.
- Continuity helps — the firm that advised you in interview already knows the case
- Use GOV.UK's 'find legal advice' service to locate criminal legal aid solicitors near you
Costs
Important Warnings
Never decline legal advice to 'speed things up' — it is free, independent of the police, and once requested the police cannot usually question you until you have received it.
Police station advice is free for everyone, but legal aid for court representation is means tested for most adults — get the application moving before your first hearing.
The court duty solicitor helps on the day; they are not automatically your solicitor for the whole case.
Useful Links
Frequently asked questions
- Who qualifies for the duty solicitor at the police station?
- Everyone. GOV.UK states you have the right to free legal advice (legal aid) if you are questioned at a police station — there is no income condition, and it applies to voluntary attenders as well as people under arrest.
- Is the duty solicitor independent of the police?
- Yes. Duty solicitors are not police employees, and GOV.UK describes the telephone advice service for minor offences as 'free and independent of the police'. Your consultation with a solicitor is private under section 58 of PACE.
- Can I use my own solicitor instead of the duty solicitor?
- Yes — one of the three routes GOV.UK lists is to 'ask the police to contact a solicitor, such as your own one'. If your own solicitor is unavailable, the duty solicitor can cover the interview.
- Does the duty solicitor represent me for my whole case?
- Not automatically. After charge you can get advice from the same organisation that helped you at the police station, ask to speak to the court duty solicitor at the hearing, or find your own solicitor. Ongoing representation is funded through a criminal legal aid application, which your solicitor completes with you.
- Will I qualify for legal aid at court?
- You qualify automatically if you are under 16, under 18 and in full-time education, or receive a passporting benefit (Universal Credit, Income Support, income-based JSA, State Pension Guarantee Credit or income-based ESA). Otherwise an annual income of £12,475 or less qualifies across all courts; between £12,475 and £22,325 a full means test applies, with magistrates' court funding where disposable income is £3,398 or less. An interests of justice test also applies.
- What if I am asked to attend a voluntary interview?
- You have the same right to free legal advice. PACE Code C requires the police to tell voluntary attenders that they are not under arrest, are not obliged to remain, and may obtain free and independent legal advice — so ask for the duty solicitor before the interview starts.
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