Duty solicitor: free legal advice when you need it most
SaveA duty solicitor is a qualified criminal defence lawyer who provides free legal advice to anyone detained at a police station or appearing at a magistrates' court without their own representation. You do not need to arrange this in advance and you do not pay for the service. HS Criminal Law explains when you can access a duty solicitor, what they do and how the system works in practice.
Two places where duty solicitors operate
Duty solicitors work in police stations and magistrates' courts. At a police station, a duty solicitor is available at any hour to advise anyone who has been arrested, whether or not they have been charged. At a magistrates' court, a duty solicitor assists people appearing before the court who do not have their own legal representation.
The service is part of the legal aid scheme. No means test applies when you are at the police station: advice is free regardless of your income or savings. At court, the duty solicitor can represent you on the day without a financial assessment, though continuing representation beyond that first appearance may require you to apply for legal aid.
Police station duty solicitors
If you are arrested and taken to a police station, the custody officer must tell you that you have the right to free legal advice. You can ask for the duty solicitor at any point, including before your interview begins. The police will contact the duty solicitor on call, who will either attend the station in person or give advice over the phone, depending on the seriousness of the matter and what stage you are at.
Most people receive telephone advice for straightforward cases and in-person attendance for interviews under caution. You can decline the duty solicitor and ask for your own solicitor instead, or you can choose to have no legal advice at all, though that is rarely in your interest.
Magistrates' court duty solicitors
A duty solicitor is present at every magistrates' court during operating hours. If you appear in court without a solicitor, you can ask to speak to the duty solicitor before your case is called. They can represent you at a bail hearing, a first appearance or a guilty plea, and they can apply for an adjournment so you can obtain further advice.
The court duty solicitor cannot represent you at trial. If your case is heading to trial, they will help you apply for a legal aid certificate so you can instruct a solicitor of your choice for ongoing representation.
What a duty solicitor does for you
A duty solicitor's role is to protect your rights and help you understand the process. At the police station, they will explain what you have been arrested for, what the police can and cannot do, and what your options are in interview. They will sit with you during the interview if they attend in person, and they can ask the police to stop questioning if you become distressed or confused.
Many people wonder whether they should answer questions in a police interview. A duty solicitor will advise on this after hearing the allegations and any evidence the police have disclosed. The right to silence exists for a reason, and a duty solicitor will explain when it may be appropriate to use it and when it may not.
At court, a duty solicitor will speak to the prosecutor, review the case papers and explain the charges to you. They will make representations on your behalf about bail, put forward mitigation if you are pleading guilty, and ensure the court has the information it needs to make a fair decision.
How to access a duty solicitor
Accessing a duty solicitor is straightforward. The process differs slightly depending on where you are, but in both settings you simply need to ask.
- At the police station: Tell the custody officer you want legal advice. They will ask if you have your own solicitor or want the duty solicitor. If you choose the duty solicitor, the officer will contact the Defence Solicitor Call Centre, which arranges for the on-call solicitor to contact you.
- At the magistrates' court: Speak to the court usher or legal adviser before your case is called and ask to see the duty solicitor. They will arrange for you to meet privately before you go into the courtroom.
- Out of hours: Duty solicitors operate around the clock at police stations. At weekends and bank holidays, courts still have duty solicitors present during sittings.
You do not need to prove you cannot afford a solicitor to access the duty scheme at the police station. The service is universal and immediate.
Duty solicitor versus your own solicitor
A duty solicitor is a fully qualified criminal defence solicitor, often with significant experience. The main difference is that you do not choose who attends: the duty solicitor on call that day will assist you. If you have an ongoing relationship with a particular firm or you have used a solicitor before, you may prefer to ask for them by name instead.
Your own solicitor may take longer to arrive at the police station, especially out of hours. The duty solicitor is already on call and will usually respond more quickly. However, if your case is complex or if you have particular concerns, instructing your own solicitor from the outset can provide continuity.
At court, the duty solicitor cannot continue to represent you beyond the first appearance if the case requires a trial or further hearings. You will need to apply for legal aid and instruct a solicitor of your choice for the rest of the proceedings. Criminal legal aid eligibility depends on the seriousness of the offence and your financial circumstances.
Duty solicitor costs and legal aid
There is no charge for seeing a duty solicitor at the police station or at your first court appearance. The cost is covered by legal aid, and you do not need to complete an application form or provide proof of income at that stage.
If you need continued representation after your first appearance, the solicitor will help you apply for a legal aid certificate. That application involves a means test and a merits test. Some offences trigger automatic legal aid if you meet the financial threshold, while others require the court to be satisfied that it is in the interests of justice to grant legal aid.
| Stage | Cost to you | Means test required |
|---|---|---|
| Police station advice | Free | No |
| First court appearance | Free | No |
| Ongoing representation | Free if you qualify | Yes |
If your income or savings exceed the legal aid threshold, you may need to pay for your own representation from that point forward. The duty solicitor will explain this to you and help you understand your options.
When you should ask for a duty solicitor
You should ask for a duty solicitor as soon as you are told you have the right to legal advice. Many people decline legal advice because they believe they have nothing to hide or because they think it makes them look guilty. Neither is true.
Legal advice protects your position regardless of whether you intend to answer questions or remain silent. A solicitor can spot procedural errors, challenge unlawful detention and ensure the police follow the codes of practice that govern arrests and interviews. Your rights when arrested include access to legal advice, and exercising that right does not imply guilt.
At court, a duty solicitor can make a significant difference to the outcome of a bail application or the sentence you receive if you plead guilty. Even if you think your case is simple, having someone who understands court procedure and can speak on your behalf is valuable.
Common questions about duty solicitors
Can I refuse the duty solicitor?
Yes. You can decline legal advice altogether, though that is rarely wise, or you can ask for your own solicitor instead of the duty solicitor. If you change your mind later, you can still ask for advice at any point before or during your interview.
Will the duty solicitor tell the police what I say?
No. Everything you tell a solicitor is covered by legal professional privilege. A duty solicitor cannot disclose what you say to the police, the court or anyone else without your permission. The only exception is if you tell them you are about to commit a serious crime that will cause harm to someone.
What if I do not speak English?
The police must arrange an interpreter if you do not speak English well enough to understand what is happening. The interpreter will be present during your consultation with the duty solicitor and during your interview. Both services are free.
Steps to take now
Understanding your rights before you need them can reduce anxiety and help you make better decisions under pressure. You can prepare by taking a few practical steps this week.
- Save the name and contact details of a local criminal defence firm in your phone, so you have the option to call your own solicitor if you prefer.
- Read about what happens at a police station interview so you know what to expect if you are ever arrested.
- Talk to family members about what to do if they are arrested, including how to contact a solicitor and why legal advice matters.
- If you have been arrested or charged and need ongoing representation, ask your duty solicitor to help you apply for legal aid before you leave court.
This information is for general guidance only. Every case is different, and you should always seek advice on your specific circumstances from a qualified solicitor.
Download PDF: Duty Solicitor Rights: Your Quick Reference PDF, 29 KB
Further reading
Frequently asked questions
Do I have to pay for a duty solicitor at the police station?
No. Legal advice from a duty solicitor at the police station is free for everyone, regardless of your income or savings. No means test applies and you do not need to complete any forms.
How quickly does a duty solicitor arrive at the police station?
Response times vary depending on how busy the on-call solicitor is and whether you need telephone advice or an in-person visit. Many duty solicitors provide initial advice over the phone within the hour, and will attend in person for interviews under caution if required.
Can the same duty solicitor represent me at court and at trial?
A duty solicitor can represent you at your first court appearance, but cannot continue to represent you at trial. If your case is going to trial, you will need to apply for legal aid and instruct a solicitor of your choice for ongoing representation.