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Police Station · FAQ Article

FAQ

Do I Need a Solicitor for a Police Station Interview?

Written by , Criminal Defence Solicitor Published: Last reviewed:
If the police have asked you to come in for an interview — whether you have been arrested or invited voluntarily — it is normal to feel worried, even if you have done nothing wrong. This guide explains what will happen, what your rights are, and why having a solicitor with you is so important.

What is a police station interview?

A police station interview is a recorded question-and-answer session between you and a police officer, governed by the Police and Criminal Evidence Act 1984 (PACE) and its Codes of Practice. Before the interview begins, the officer will read you the formal caution.

The caution: “You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”

Do I have the right to a free solicitor at the police station?

Yes. Under PACE and the Legal Aid, Sentencing and Punishment of Offenders Act 2012, anyone detained or interviewed at a police station has the right to free independent legal advice. There is no means test — it does not matter whether you are employed, a business owner, or have savings. Police station advice is always free.

You can ask for a specific solicitor. You can ask for David Roy directly. You are not required to use whoever happens to be on the duty rota that day.

Do I really need a solicitor if I have done nothing wrong?

After more than 35 years of criminal defence work, the clients who most often regret not having a solicitor are those who went in feeling confident the truth would speak for itself. A police interview is not a conversation. It is evidence gathering. The way questions are asked, the order in which topics are introduced, and what is and is not disclosed to you beforehand can all affect what you say and how it is later used.

A solicitor will ask to see the disclosure before any interview begins. They will advise you on whether to answer questions, give a prepared statement, or make no comment. They will stop the interview if the police ask improper questions.

What is a voluntary interview under caution?

The police can invite you to attend a voluntary interview under caution without arresting you. Attendance is technically voluntary — you can decline or leave at any time. However, if you refuse, the police may arrest you instead if they have grounds to do so. Voluntary interviews are treated the same as interviews after arrest. Never attend a voluntary interview alone.

What should I say in a police interview?

Your solicitor will advise you before the interview. The options are:

  • Answer questions: Appropriate in some circumstances where giving your account clearly is in your interest.
  • Give a prepared statement: You read out a pre-prepared account at the start of the interview and then make no comment to questions. This protects you from adverse inference while still putting your account on record.
  • Make no comment: You are entitled to silence. A jury or magistrates can draw an adverse inference if you later rely in court on something you did not mention in interview.
Talk to David Roy before your interview

David has been advising clients at police stations across Birmingham and the West Midlands since 1988. Call before you reply to the police — even if your interview is tomorrow.

Call David: 07525 802931 Email David
Free police station advice — your right under PACE — no obligation to proceed further

What happens after the police interview?

After the interview, the police may:

  • No further action (NFA): The case ends. You are free to go.
  • Release under investigation (RUI): You are released while the investigation continues. David can advise on your position during RUI.
  • Released on bail: You are released with conditions. David can apply to vary unreasonable conditions.
  • Charged and bailed or remanded to court: David will represent you at the first hearing. Magistrates’ court representation →

Frequently Asked Questions

Do I need a solicitor at the police station?

Yes. You have an absolute right to free legal advice at the police station under PACE. A solicitor will ensure the police follow correct procedures and protect your rights throughout.

Do I have to go to a voluntary police interview?

A voluntary interview is not an arrest. You can decline or leave at any time. However, if you decline, the police may decide to arrest you if they have grounds to do so. Always take legal advice before deciding whether to attend.

What does “interviewed under caution” mean?

It means the police must read you the formal PACE caution before asking any questions. The caution applies whether you have been arrested or are attending voluntarily.

Can I ask for a specific solicitor at the police station?

Yes. You can ask the police to contact David Roy directly. The custody sergeant is obliged to make contact. You do not have to accept the duty solicitor on the rota.

Is police station advice really free?

Yes. Legal advice at the police station is free regardless of your income. There is no means test for police station advice.

What happens after a police interview?

After the interview the police may release you with no further action, release you under investigation (RUI), release you on bail with conditions, or charge you and require you to appear at court.

Legal notice: This article provides general information only and does not constitute legal advice. David Roy is authorised and regulated by the Solicitors Regulation Authority (SRA no. 141285).

Free police station advice, 24/7. Call David Roy today.

Call 07525 802931