Access to Justice

Your Right to Legal Representation

Legal help is not reserved for people who can pay. At the police station, legal advice is free for everyone who is questioned; in the criminal and civil courts, legal aid can fund representation if you pass the relevant tests; and in the civil and family courts even an unrepresented litigant has the right to reasonable assistance from a McKenzie friend. This guide explains each layer and how to use it.

Last updated: 2026-07-30

Your Rights

Free Legal Advice at the Police Station — For Everyone

If you are questioned at a police station you have the right to free legal advice, and you must be told about it after arrest and before questioning. Initial advice and assistance for people arrested and held in custody is provided under the statutory legal aid scheme.

Police and Criminal Evidence Act 1984, s.58; Legal Aid, Sentencing and Punishment of Offenders Act 2012, s.13

A Private Consultation, At Any Time

A person arrested and held in custody is entitled, on request, to consult a solicitor privately at any time. Delay is only permitted where you are detained for an indictable offence and an officer of at least superintendent rank authorises it — and you must in any case be allowed to consult a solicitor within 36 hours.

Police and Criminal Evidence Act 1984, s.58(1), (5)–(6)

The Duty Solicitor — Independent and Available 24/7

If you do not have your own solicitor you can ask for the police station's duty solicitor, who is available 24 hours a day and independent of the police, or ask the police to contact the Defence Solicitor Call Centre.

PACE Code C, para 6 (access to legal advice arrangements)

No Interview Until You Have Had Advice

Once you have asked for legal advice, the police cannot question you until you have got it, subject to limited exceptions in serious cases which must be authorised by a senior officer. The longest you can be made to wait is 36 hours after arriving at the police station (48 for suspected terrorism).

PACE Code C, para 6; Police and Criminal Evidence Act 1984, s.58

Criminal Legal Aid: The Interests of Justice and Means Tests

Legal aid for representation in criminal proceedings depends on your financial resources and on the interests of justice — including whether you risk losing your liberty or livelihood, whether a substantial question of law arises, and whether you can understand the proceedings and state your own case. Cases sent to the Crown Court for trial automatically pass the interests of justice test.

Legal Aid, Sentencing and Punishment of Offenders Act 2012, s.17

Civil Legal Aid for the Most Serious Problems

Civil legal aid remains available for problems such as homelessness and eviction, domestic abuse, discrimination, and children at risk of being taken into care, where the services are described in Part 1 of Schedule 1 to LASPO. If your human rights are at risk, you could get legal aid for cases that would not usually be eligible.

Legal Aid, Sentencing and Punishment of Offenders Act 2012, s.9 and Sch.1, Part 1

Free Legal Assistance Where Justice Requires It

Everyone charged with a criminal offence has the minimum right to defend themselves in person or through legal assistance of their own choosing — and to be given legal assistance free if they cannot pay, when the interests of justice so require.

Human Rights Act 1998, Sch.1 / ECHR Article 6(3)(c)

Reasonable Assistance From a McKenzie Friend

In the civil and family courts, a litigant in person has the right to reasonable assistance from a layperson, known as a McKenzie friend. A McKenzie friend has no independent right to provide assistance, no right to act as your advocate, and no right to conduct the litigation — a court can grant a lay person rights of audience only on a case-by-case basis.

Practice Guidance: McKenzie Friends (Civil and Family Courts) 2010, paras 2–4 and 18–26

Common Myths

Myth

The duty solicitor works for the police.

Reality

GOV.UK is explicit that duty solicitors are 'available 24 hours a day and independent of the police'. Their advice is free and given in your interests, not the investigation's.

Myth

Free advice at the police station depends on your income.

Reality

Police-station advice is free for anyone questioned, with no means test — 'You have the right to free legal advice (legal aid) if you're questioned at a police station.' Means testing only applies later, to representation in court.

Myth

A McKenzie friend can speak for you in court.

Reality

McKenzie friends 'have no right to act as advocates or to carry out the conduct of litigation'. Exercising rights of audience without authorisation is a criminal offence; courts grant such rights to lay people only case by case, and only exceptionally to fee-charging McKenzie friends.

Myth

Legal aid was abolished.

Reality

It was narrowed, not abolished. Criminal legal aid remains subject to the interests of justice and means tests, and civil legal aid still covers areas like homelessness, domestic abuse, discrimination and care proceedings — with an extra route where your human rights are at risk.

What To Do

At the Police Station, Ask for Advice Immediately

Say clearly that you want legal advice. You must be told of the right after arrest and before questioning, and questioning generally cannot start until you have received the advice.

Use the Duty Solicitor If You Have No Solicitor

Ask for the duty solicitor or have the police contact the Defence Solicitor Call Centre — the service is free, 24/7 and independent of the police.

If Charged, Apply for Criminal Legal Aid Promptly

Representation depends on the interests of justice test and a means test — apply early, and remember Crown Court trial cases pass the interests of justice test automatically.

For Civil Problems, Check Civil Legal Aid

Use the GOV.UK legal aid checker to see whether your problem — for example homelessness, domestic abuse or discrimination — is in scope, and note the human-rights exception for cases that would not usually qualify.

If You Cannot Get Legal Aid, Line Up Free Help

Consider pro bono barristers (Advocate), Support Through Court for practical help, or a McKenzie friend for reasonable assistance in civil and family hearings.

Bringing a McKenzie Friend? Tell the Court Early

A McKenzie friend can take notes and quietly advise but cannot address the court for you unless the judge grants rights of audience for that case — raise it at the start of the hearing if you want that.