Knowledge Centre

Do I Need a Solicitor at a Police Station Interview?

If you have been arrested or asked to attend a voluntary interview at any Birmingham police station, you have the right to free legal advice. This guide explains why having a solicitor matters and what to expect.

You have an absolute right to free legal advice

Under the Police and Criminal Evidence Act 1984 (PACE), anyone detained at or attending a police station has the right to free legal advice before and during any interview. This applies whether you have been arrested or are attending voluntarily. There is no means test. Always ask to speak to a solicitor before answering any questions.

What happens in a police interview

A police interview under caution is recorded. You will be cautioned before questioning begins. The caution warns you that what you say can be used in evidence and that failing to mention something you later rely on in court may count against you. A solicitor will advise you on whether to answer questions, make a prepared statement, or make no comment.

Voluntary interviews

A voluntary interview means you attend the police station without being arrested. You can leave at any time, but if you do, police may arrest you. You are entitled to free legal advice at a voluntary interview in exactly the same way as if you had been arrested.

Frequently asked questions

Common questions

Can I refuse to go to a voluntary police interview?
Attendance at a voluntary interview is technically voluntary. However, if you decline or leave, the police may choose to arrest you if they have grounds to do so. You should take legal advice before deciding whether to attend.
What happens if I do not have a solicitor at the police station?
Without a solicitor, you have no one to advise you on whether to answer questions, challenge improper questions, or make representations about bail. Police station legal advice is free.
Is police station advice really free?
Yes. Legal advice at the police station is free regardless of your income under the Legal Aid scheme. There is no means test for police station advice.
Do I have a right to silence at a police interview?
You have the right not to answer police questions. However, if you later rely on something in court that you did not mention in interview, the court may draw an adverse inference. A solicitor will advise you on the best approach.

Need advice? Call David Roy.

Free police station advice available. Call 07525 802931 for a confidential discussion.

Call 07525 802931