If you or someone in your family has just been told there is a duty solicitor at the police station, you may be unsure whether you have to pay.
You do not. Free legal advice at the police station is the usual position in England and Wales. The adviser is independent of the police. Ask for the duty solicitor, or name a firm. That is the whole public path.
Key takeaways
- Police-station legal advice is usually free under legal aid, and independent of the police.
- Ask the custody officer for the duty solicitor, or name a firm.
- A freelance accredited representative attends only when a firm instructs them.
- If someone is in custody now, ask for a solicitor before interview starts.
Questions this article answers
- Is a solicitor free at the police station?
- How do the DSCC and the duty rota actually work?
- Can a family member send a freelance representative to the station?
What a duty solicitor is
A duty solicitor is a criminal defence solicitor on the Legal Aid Agency duty scheme. The firm holds a Standard Crime Contract (SCC). When you ask for the duty solicitor, police call the Defence Solicitor Call Centre (DSCC). The DSCC calls the rota firm for that scheme. That is the national duty path — distinct from firm-instructed cover explained in our freelance rep versus duty solicitor comparison.
Is advice free?
Yes. Under PACE section 58 and Code C, you are entitled to consult a solicitor privately. Free legal advice at the police station is the usual position, and police-station advice under the duty scheme is not means-tested. You do not need to prove income before advice starts.
How it is arranged
Tell custody you want free legal advice. Ask for the duty solicitor, or name a firm you want contacted. A family member cannot send a freelance representative to the station — reps attend only on a firm’s instruction. If someone is detained now, ask before the interview starts. For a practical custody checklist, see our police station attendance checklist.
Kent named-solicitor option
Kent named-solicitor option: for a named Kent firm (not the national duty scheme), ask custody to contact policestationagent.com.
For firms
PoliceStationRepUK is a directory, not a law firm. Firms needing overflow or out-of-hours cover: Police station cover and the directory. Accredited representatives cannot sit on the duty rota themselves — Register to list for firm instructions.
General information only — not legal advice. Applies to England and Wales.