Do I need a solicitor at the police station if I have done nothing wrong?

Being contacted by the police can cause immediate panic, especially when you believe you have done nothing wrong.

You may be thinking: “Surely I can just explain what happened.” You might also worry that asking for a solicitor will make you appear guilty. Then comes another concern: how much is all this going to cost?

The important thing is that requesting legal advice does not make you look suspicious. In fact, official police guidance specifically states that asking for a solicitor does not make it look as though you have done anything wrong. It just means you understand that a police interview is a formal legal process.

Why would an innocent person need a solicitor?

People sometimes assume solicitors are only needed when someone has something to hide. That is not how police interviews work.

An interview under caution is used to gather evidence. What you say may be considered later when the police decide what action to take. Even an innocent person can misunderstand a question, forget a date or use wording that sounds different from what they intended.

It is a little like being handed an unfamiliar form and told that every answer matters. Asking someone who understands the form to sit beside you is sensible, not suspicious.

A criminal solicitor can speak to the police before the interview, establish what the allegation concerns and advise you privately. They can explain the caution, discuss the evidence disclosed by the police and advise you on how to approach the questions.

They can also remain with you during the interview and intervene when a question is unclear, unfair or based on an incorrect assumption.

Is a solicitor free at the police station?

Legal advice at the police station is normally free and independent. This applies whether you have been arrested or asked to attend a voluntary interview under caution. It is not generally based on your income or savings. ns you should not decline representation because you are worried about receiving a large bill.

The position may be different if the matter later proceeds to court. Criminal legal aid for court proceedings can depend on your financial circumstances and whether your case meets the relevant legal tests. Your solicitor can explain this separately if it becomes necessary. choose my own solicitor?

Yes. You can ask the police to contact a solicitor or law firm of your choice. You do not have to accept whichever representative is suggested first.

You can also change your mind. For example, if you initially say that you do not need legal advice, you can ask for a solicitor before or during the interview. Once legal advice has been requested, the police will usually allow you to speak to a solicitor before questioning continues. If you have been invited to a planned voluntary interview, it is often helpful to contact a criminal defence solicitor before agreeing a date and time. Your solicitor may be able to communicate with the officer and ensure they can attend with you.

Do not simply ignore an invitation. A voluntary interview is still serious, even though you have not been arrested. Do I really need a solicitor at a voluntary police interview?

What if I do not know a criminal solicitor?

You can ask for the duty solicitor.

The duty solicitor is available independently of the police and provides free legal advice. They are not employed by the police, and their responsibility is to protect your position. People hear “free duty solicitor” and imagine the legal equivalent of being given whatever was left in the cupboard when that is not the case.

Duty solicitors must meet specific professional and accreditation requirements. To join a local duty rota, practitioners must hold the appropriate Criminal Litigation Accreditation. This involves police station and magistrates’ court qualifications. duty solicitor is not a consolation prize. At JR Levins, we regard it as a badge of professional responsibility. Duty solicitor vs private solicitor, is paying for a private lawyer better?

You do not have to use whichever duty solicitor is available. If you would prefer JR Levins to advise you, you can ask the police to contact us. Our criminal defence team can provide advice and representation at the police station, including for voluntary interviews, and police station legal advice is usually available free of charge under legal aid.

David Woods has more than 40 years of criminal defence experience and continues to act as a duty solicitor. So whether someone comes to JR Levins directly or meets one of our solicitors through the duty scheme, they can be represented by an experienced criminal defence practitioner.

What should I do if the police contact me?

Try not to provide a detailed account during an unexpected telephone call. Ask whether the police want to interview you under caution and whether attendance is voluntary.

Tell the officer that you would like legal advice. You can ask for the duty solicitor or name your chosen criminal defence firm.

Most importantly, do not assume that having done nothing wrong means there is nothing to prepare for. Innocent people still benefit from understanding the allegation, the interview process and the consequences of their answers.

Speak to JR Levins before your police interview

JR Levins represents clients at police stations across Liverpool, Merseyside, Widnes, Runcorn, Cheshire and the surrounding areas.

If you would like to ask for David Woods, Liam Ferris, Ian Weights, or another member of our criminal defence team, contact us as early as possible. We can explain whether free police-station representation is available and discuss your options without judgement.

For professional advice you can trust, contact us today.