Arrested in Britain: legal advice at the station is free, an interpreter is yours on request, and 24 hours is the limit without charge
Legal advice at a police station in England and Wales is free and not means-tested, and the duty solicitor is independent of the police and available around the clock. Once you ask for one, you cannot be questioned until you have had that advice. From GOV.UK: what else you can insist on, what the caution really means, how long you can be held without charge, and how police bail differs from release under investigation.
The most expensive mistake in a police station is answering questions before the solicitor arrives, because "I have nothing to hide" and "lawyers cost money". In England and Wales this one does not. Here are the rights, point by point, from GOV.UK.
Is legal advice at a police station really free?
Yes. GOV.UK puts it plainly: you have the right to free legal advice (legal aid) if you are questioned at a police station, and it does not depend on your income. There are three routes: ask for the duty solicitor, available 24 hours a day and independent of the police; tell the police you want legal advice so they contact the Defence Solicitor Call Centre; or ask them to contact your own solicitor.
What changes the moment you ask for a solicitor?
The police cannot question you until you have had that advice — with some exceptions. And you can turn it down and change your mind later; GOV.UK says so directly. Asking for a solicitor spoils nothing and implies nothing.
What other rights do you have in custody?
- to tell someone where you are;
- to have medical help if you are feeling ill;
- to see the Codes of Practice — the rules the police must work by;
- to ask for notices in your own language, or an interpreter.
That last one matters most if English is not your first language: an interpreter is a right, not a favour, and there is nothing embarrassing about asking. Signing something you did not fully understand is far worse.
What does the caution actually mean?
It runs: "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." In plain terms: you may stay silent, but if you later rely in court on something you kept quiet about during questioning, the court may treat that with suspicion. Everything you say is recorded. Which is exactly why the conversation should come after the solicitor, not before.
How long can you be held without charge?
Up to 24 hours, after which you must be charged or released. Where a serious crime such as murder is suspected, the police can apply to hold you for up to 36 or 96 hours. Under the Terrorism Act the limit is different — up to 14 days.
What happens when the time runs out?
Three outcomes. You are charged. Or you are released on police bail, where there is not enough evidence to charge: you are free to go but must come back when asked. Or you are released under investigation — free with no conditions at all, while the police carry on investigating. The last two are often confused: police bail carries an obligation to return, release under investigation does not.
ONLYWAY NEWSLIVETravel · 02.10Cheap train tickets in Britain: a third off fares, and the money back when the train is lateHousing · 02.10UK house prices stall: annual growth halves to 0.8% and prices slip over the monthJobs & Business · 02.10Maternity leave and pay in the UK: 52 weeks off, £194.32 a week and what to do if your employer says noJobs & Business · 02.10Employment tribunal deadline doubles: six months to claim against your employer from 1 OctoberLife · 02.10Pharmacy First: seven conditions a pharmacist in England treats without a GP appointmentHousing · 02.10Renters’ Rights Act: what changed for tenants in England — evictions, rent rises, deposits and petsUK & Politics · 02.10UK population has almost stopped growing: net migration down by two thirds, births at a 43-year lowMoney · 02.10Power cut: £100 paid automatically, up to £2,235 in a storm — what you are owed and what to do if the money never arrivesJobs & Business · 02.10How much paid holiday you are entitled to in the UK: 28 days, bank holidays and what you are owed when you leaveTravel · 02.10Airlines to be banned from charging parents to sit with their children: under-14s must be seated with an adult free of chargeONLYWAY NEWS · appInstall the ONLYWAY NEWS appFresh UK news, classifieds, key dates and exchange rates on your home screen, one tap away. Free.NewsClassifiedsCalendarRatesWhat if the person detained is under 18?
An appropriate adult must be present. Under-18s should be put in a cell only as a last resort and never with adults; girls are looked after by female officers; and they are entitled to things like books or drawing materials. The same appropriate adult rule applies to vulnerable adults.
What to do in the first minutes
Say three things and then stop: "I want a solicitor", "I need an interpreter", "I want someone told where I am". None of that is rude and none of it suggests guilt — these are precisely the rights the police are obliged to provide. Then wait, and talk to the solicitor first.
If it never reached the station and you were simply stopped and searched in the street, separate rules apply: what the officer must tell you and what you can be asked to remove.
Does this apply across Britain?
No. The above is the procedure in England and Wales. Scotland and Northern Ireland have their own rules.
UK & Politics
UK population has almost stopped growing: net migration down by two thirds, births at a 43-year low
UK & Politics
Stopped by police in London: what the officer must tell you before a search, what you can be asked to remove in the street, and what only out of public view
UK & Politics
Phone theft collapses in London: Westminster down 46%, the West End halved — and what to do in the first minutes if yours is snatched