Being arrested: your rights
Legal advice at the police station
You have the right to free legal advice (legal aid) if you鈥檙e questioned at a police station. You can change your mind later if you turn it down.
How you can get free legal advice
You must be told about your right to free legal advice after you鈥檙e arrested and before you鈥檙e questioned at a police station. You can:
- ask for the police station鈥檚 鈥榙uty solicitor鈥� 鈥� they鈥檙e available 24 hours a day and independent of the police
- tell the police you would like legal advice 鈥� the police will contact the Defence Solicitor Call Centre (DSCC)
- ask the police to contact a solicitor, such as your own one
You may be offered legal advice over the phone instead of a duty solicitor if you鈥檙e suspected of having committed a less serious offence, such as being disorderly. The advice is free and independent of the police.
Being questioned without legal advice
Once you鈥檝e asked for legal advice, the police cannot question you until you鈥檝e got it 鈥� with some exceptions.
The police can make you wait for legal advice in serious cases, but only if a senior officer agrees.
The longest you can be made to wait before getting legal advice is 36 hours after arriving at the police station (or 48 hours for suspected terrorism).
You have the right to free legal advice if you are questioned by the police.