Being asked to attend a police interview can be stressful and confusing. One of the first questions people ask is:
Do I need a solicitor for a police interview?
If you are in England and Wales, the short answer is:
Yes — in almost every situation, you should have a solicitor.
And importantly, it is usually free.
This guide explains why legal representation matters, what happens in an interview, and what risks you face without advice.
What Is a Police Interview?
A police interview is a formal questioning process conducted under caution. You may:
Be arrested and interviewed at a police station
Attend voluntarily
Be interviewed at your home
The police will usually say:
“You do not have to say anything, but it may harm your defence if you fail to mention now, something you later rely on in court. Anything you do say can be used in evidence”
This is known as the caution and has serious legal consequences.
Are You Entitled to a Solicitor?
Under the Police and Criminal Evidence Act 1984 (PACE), anyone interviewed under caution in England and Wales has the right to free and independent legal advice.
You can request a solicitor:
Before the interview
During the interview
Even if you are attending voluntarily
This service is covered by Legal Aid regardless of income.
Why You Should Never Attend Without Legal Advice
Many people think:
“I’ve done nothing wrong.”
“It’s just a quick chat.”
“If I ask for a solicitor, I’ll look guilty.”
This is a mistake.
1. Police Interviews Are Evidence-Gathering Exercises
The police are not simply trying to hear your side of the story. They are:
Building a case
Testing inconsistencies
Looking for admissions
Recording everything
Anything you say can later be used in court. We have read transcripts of interviews from unrepresented suspects who have said things that they did not mean out of panic or frustration and later have to justify to a Court or Jury that ‘that isn’t how I meant it’.
2. Silence Can Harm You — But So Can Talking
The caution also includes:
“…but it may harm your defence if you do not mention when questioned something which you later rely on in court.”
This creates legal risk. A solicitor helps you decide whether to:
Answer questions
Provide a prepared statement
Exercise your right to silence
Without legal advice, you could unintentionally damage your case by making certain admission. For example to being drunk or making simple mistakes regarding dates and times which are then later seized upon as lies.
3. Even Voluntary Interviews Are Serious
A “voluntary interview” sounds informal. It is not. Police need a necessity to arrest someone. Thats very easy when someone is on the street with a knife for example however many cases now don’t have the required necessity and so people are invited into voluntary interview. If you fail to attend, the Police will normally think ‘its now necessary to arrest this person’.
During Voluntary interviews;-
You are still under caution
The interview is recorded
The evidence can be used in court
Voluntary does not mean low risk. We have dealt with offences such as Rape and Conspiracy to cause an explosion at voluntary interviews.
What Does a Legal Representative Actually Do in a Police Interview?
A specialist criminal defence solicitor will:
Before the Interview
Speak to the officer
Obtain disclosure (a summary of the allegations and evidence)
Advise you on the strength of the case
Plan a strategy
During the Interview
Intervene if questioning is unfair or improper
Ensure police follow proper procedures
Protect you from leading or misleading questions
After the Interview
Advise on likely outcomes:
No further action
Police caution
Charge
Further investigation
Situations Where You Absolutely Need a Solicitor or Legal Representative
You should always have representation if the interview concerns:
Assault or violent offences
Sexual offences
Fraud or financial crime
Drug offences
Domestic abuse allegations
Child-related investigations
Historic allegations
Conspiracy or joint enterprise
Even minor offences can escalate quickly.
What Happens If You Refuse a Solicitor or Legal Representative ?
You can refuse legal advice — but this is rarely wise.
Risks include:
Giving inconsistent answers
Admitting something unintentionally
Failing to mention key facts
Misunderstanding legal terminology
Being pressured into accepting a caution
Once something is said on tape, it is very difficult to undo.
Is a Solicitor Really Free?
Yes — if you are interviewed under caution in England and Wales.
Police station advice is:
Funded by legal aid
Available 24/7
Independent from the police
Not means-tested at this stage
There is no financial downside to requesting legal advice.
Can Having a Solicitor Delay the Interview?
Possibly — but that is often beneficial. Many of our collegues live or work within the general area of the Police Stations that they cover. The delay is usually waiting for your case to be allocated to a interview officer who then needs to read the evidence and plan the interview.
Waiting allows:
Proper preparation
Review of evidence
Calm decision-making
Rushing into an interview without advice is far riskier than waiting.
Common Myths About Solicitors in Police Interviews
“Only guilty people ask for a solicitor.”
False. Legal advice is a basic right.
“It makes me look suspicious.”
Police expect suspects to ask for legal advice.
“I’ll just explain everything and it’ll go away.”
Many prosecutions begin with voluntary explanations.
When Might You Not Need a Solicitor?
Realistically, there are very few situations where attending without advice is sensible.
Even if:
You believe the allegation is absurd
You are simply a witness but being cautioned
You think the matter is minor
You should still obtain advice.
The only realistic exception may be:
A straightforward identification interview
A situation where you are clearly not a suspect (and not under caution)
If you are under caution, legal advice is strongly recommended.
Final Answer: Do You Need a Solicitor or Legal Representative for a Police Interview?
If you are being interviewed under caution in England and Wales, you should:
Always request a solicitor – we are available 24hours a day, 365 days a year Use the free duty solicitor if needed Never attend without advice
Police interviews are not informal conversations. They are legally structured processes designed to gather evidence.
Having a solicitor does not imply guilt.
It ensures fairness and protects your future