Free advice at the police station
If you are arrested or interviewed under caution, you have the right to free and independent legal advice, whatever your income. You can ask for a named solicitor or the duty solicitor. Advice may be given by phone for some less serious matters. It is almost always sensible to take this advice before answering questions.
What criminal solicitors handle
- Police interviews, bail and charging decisions.
- Magistrates' court and Crown Court cases, from motoring offences to serious crime.
- Road traffic offences such as speeding, drink driving and "totting up" bans.
- Appeals against conviction or sentence.
- Private (privately paid) defence where legal aid is not available.
Legal aid in criminal cases
Legal aid for court representation depends on the "interests of justice" test and a means test. In the Crown Court you may have to pay a contribution from your income or capital. If you are not eligible, many firms offer fixed fees for private representation.
Questions to ask a criminal defence solicitor
- Have you appeared in this court before, and do you know the prosecutors here?
- What could happen at the first hearing, and do I need to be there?
- Is a diversion program or reduced charge realistic in my case?
- Is your fee fixed for each stage, and what happens if the case goes to trial?
Frequently asked questions
Should I speak to a solicitor before a police interview?
Yes. Advice at the police station is free for everyone. A solicitor can find out what evidence the police have and advise you whether to answer questions.
What is a duty solicitor?
A duty solicitor is an independent criminal solicitor who is on a rota to advise people at police stations and in magistrates' courts. They do not work for the police.
Can I change my criminal solicitor?
Yes, you can usually change solicitor, although if you are legally aided you may need a good reason and the court's agreement.