The police station is an incredibly important part of any criminal matter, yet it is the stage at which people are most likely to face the process alone, which is precisely why the right to a police station solicitor exists. What you say, and do not say, in a recorded interview under caution follows you through the entire case, and decisions taken in that room are difficult to undo later.
This article explains your rights at the police station, why free legal advice should never be declined, what an accredited police station representative actually does during an interview, and why a voluntary interview deserves exactly the same caution as an arrest.
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What Are Your Rights At The Police Station?
Anyone detained at a police station has three core rights under the Police and Criminal Evidence Act 1984. They are:
- The right to free and independent legal advice.
- The right to have someone informed of your arrest.
- The right to consult the codes of practice governing how you must be treated.
Detention itself is time-limited, normally to twenty-four hours before charge, extendable in more serious cases with senior authority and beyond that only by a court.
The right to legal advice deserves emphasis on two points. It is free to everyone at the police station, irrespective of income, so cost is never a reason to refuse it. And the accredited police station representative is entirely independent of the police; their only duty is to you.
Why Should You Never Be Interviewed Without An Accredited Police Station Representative?
An interview under caution is not a conversation, regardless of how it is presented. Rather, it is the formal gathering of evidence, and the caution itself explains the stakes- you do not have to say anything, but it may harm your defence if you do not mention when questioned something you later rely on in court. Navigating that, deciding whether to answer questions, to give a prepared statement, or to make no comment, is a judgement that depends on the strength of the disclosed evidence, and it is a judgement no one should make about their own case, under stress, without advice. Innocent people regularly harm themselves in interviews by guessing, by filling silences, and by trying to talk their way out. Having an accredited police station representative present costs nothing and will not delay matters; the police must wait a reasonable time for your representative to attend.
What Does A Police Station Accredited Representative Do?
Before the interview, your accredited police station representative obtains disclosure from the officers, establishing what the allegation is and what evidence they hold, and then advises you privately on the best approach. During the interview, the representative ensures questioning remains proper, intervenes where it is not, and protects your position throughout. Afterwards, they make representations on bail, on charging decisions and, where appropriate, in favour of alternatives to prosecution, and they advise you on what happens next, whether that is release without further action, release under investigation, bail or charge. A significant number of cases end at the police station, and a skilled accredited police station representative at this stage is often the reason.
Does A Voluntary Interview Really Matter?
Yes, and this is the most dangerous misconception in the criminal process. Police increasingly invite people to attend a voluntary interview rather than arresting them, and the informal framing leads many to attend alone, assuming it is routine. A voluntary interview is an interview under caution; everything said is evidence, prosecutions regularly follow, and you have exactly the same right to free legal advice as a person under arrest. You are also free to leave, which is itself a matter for advice. If you are invited to a voluntary interview, treat it with the seriousness of an arrest and arrange representation before you attend, not after.
What About Vulnerable Suspects And Young People?
Children and vulnerable adults must have an appropriate adult present in interview, but an appropriate adult is not a substitute for an accredited police station representative; the two roles are different and both matter. If your child or a vulnerable relative has been detained or invited to interview, you should arrange legal representation for them immediately, whatever they are said to have done.
How Johnson Astills Can Help, Day Or Night
Johnson Astills provides a 24-hour police station service across Leicester, Loughborough, and the surrounding areas, delivered by an accredited crime team experienced in everything from minor allegations to the most serious offences, and in interviews conducted by the police, HMRC, local authorities, and regulatory bodies alike. Representation at the police station is free under the legal aid scheme, and you are entitled to ask for us by name rather than accepting whoever is on duty. For interviews by HMRC, local authorities and regulatory bodies we are able to offer a fixed fee.
If you or a family member has been arrested or asked to attend an interview, telephone our Leicester office on 0116 255 4855 at any time, day or night, tell us where you are, and we will take it from there.
‘I am perfectly satisfied with the way the case was handled. My solicitor was very efficient, easy to communicate with and was very clear on what the outcome would or could be and who worked well.’
