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If you're questioned about a crime

You have the right to free legal advice (legal aid) if the police question you about a crime:

• regardless of your financial circumstances - for example, your income or savings
• even if you haven’t been arrested
• if you are questioned inside or outside a police station - for example in the street or at home

If you said you didn’t want legal advice, you can change your mind at any time.

• Being stopped, questioned or arrested by the police (crime and justice section)

• Your rights at a police station after being arrested (crime and justice section)

How to get legal advice if you’re questioned or arrested

For less serious offences (like being disorderly) you may be offered legal advice over the phone from Criminal Defence Service Direct. This organisation offers free legal advice and is independent of the police.

Other ways to get legal advice include:

• asking for the police station’s ‘duty solicitor’ - they are available 24 hours a day and independent of the police
• asking for the station’s list of legal advisers and choosing one - these are independent of the police
• asking the police to contact a solicitor - for example, your own one

Only solicitors who have a Legal Services Commission ‘criminal contract’ can help you free of charge. You or the police should ask them this when the solicitor is called.

Waiting for legal advice

Police can only make you wait for legal advice in serious cases, and then 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. This rises to 48 hours in the case of suspected terrorism.

Once you have asked for legal advice, police must not usually question you until you have got it.

• Your rights at a police station after being arrested (crime and justice section)

If you have been charged with a crime - getting legal advice

You have the right to a fair trial and you should always get legal advice if you have been charged with a crime.

All cases go to magistrates’ court first.

Serious cases, like robbery or arson, are passed to the Crown Court after a hearing at a magistrates’ court.

• Magistrates' courts - what they do (crime and justice section)

• Magistrates' court hearing - what happens (crime and justice section)

• Crown Court - what it does (crime and justice section)

Finding legal advice before you go to court

You should get some legal advice before you go to a magistrates’ court hearing if possible if you can.

You can continue to use the same legal adviser that advised you at the police station if you want.

Help with the costs of your defence - ‘Representation’

You may be eligible for ‘Representation’. This is a type of legal aid that pays for a solicitor to prepare your defence and represent you at court. They will also help you with issues like bail (where you may be released before your trial).

To qualify for Representation, your case will need to meet the ‘Interests of Justice’ test and you will have to meet certain financial conditions.

• Legal aid and representation at court if you're charged with a crime

Finding a solicitor or barrister

You can find a solicitor in England and Wales using the Law Society’s ‘Find a solicitor’ tool.

If your case is more complex or serious, you may need a barrister who can represent you at court. If you have a solicitor, they will usually suggest suitable barristers to you. You can also find a barrister by using the Bar Council’s Public Access Directory.

• Find a solicitor - Law Society Opens new window

• Find a barrister - Bar Council Opens new window

Finding a lawyer who does ‘pro bono’ work

Some barristers and solicitors volunteer to take cases for free. It’s called ‘pro bono’ work, which means ‘for the public good’. They usually only take this work if you can’t afford to pay for representation and you can’t get legal aid.

To find a solicitor or barrister that does pro bono work, you must go through an advice agency, like Citizens Advice or a Law Centre.

• Find your nearest Citizens Advice Bureau office Opens new window

• Find your local Law Centre Opens new window

Help and advice in Welsh

You can get information about dealing with your legal problems in Welsh by following the link below.

• Legal advice if you're questioned by police - Legal Services Commission (Welsh language) Opens new window