Solicitors and Legal Aid (England & Wales): 12 questions answered
Legal advice at the police station is free for everyone, whatever their income. For court cases, criminal legal aid depends on an interests of justice test and a means test, and in the Crown Court you may have to pay a contribution. You can choose your own solicitor or use the duty solicitor.
Law checked as at 25 September 2026. Legal information only, not legal advice. See how we check this page and recent changes.
Is legal advice at the police station free?
Yes. Anyone arrested or interviewed under caution at a police station in England and Wales is entitled to free and independent legal advice, whatever their income or immigration status and whether they are under arrest or attending voluntarily. This right comes from section 58 of the Police and Criminal Evidence Act 1984 and PACE Code C. For some less serious matters, such as non-imprisonable offences, the free advice may be given by phone only, but a solicitor will usually attend in person if you are to be interviewed about an imprisonable offence.
How do I get a solicitor at the police station?
Tell the custody officer, or the officer arranging a voluntary interview, that you want legal advice. The police contact the Defence Solicitor Call Centre, which passes the request to your chosen firm or to the duty solicitor on call. The duty solicitor is an independent criminal defence lawyer, not connected with the police, and is free to you. You can name your own solicitor instead, and if they are available and take legally aided work, their advice is also free. You can ask for advice at any point.
Can the police stop me seeing a solicitor?
Only in rare cases. Under section 58 of PACE, access to legal advice can be delayed only if you are held for an indictable offence and a superintendent reasonably believes that allowing it immediately would lead, for example, to interference with evidence, harm to others, other suspects being alerted or stolen property not being recovered. Even then, you must be allowed to consult a solicitor within 36 hours. You must be told the reason, and it must be recorded. No adverse inference can be drawn from silence while you were refused advice.
Can I get legal aid for the magistrates' court?
Possibly. To get legal aid for representation in the magistrates' court you usually need to pass two tests: the interests of justice test, which looks at how serious the case is and whether you need a lawyer, and a means test, based on your household income. People under 18 and people on certain benefits, such as Universal Credit, automatically pass the means test. Your solicitor applies to the Legal Aid Agency for you. A free duty solicitor may help at your first hearing if you do not have one.
What is the interests of justice test for legal aid?
The interests of justice test decides whether your case is serious or complex enough to justify legal aid. Factors include whether you are likely to lose your liberty or livelihood, suffer serious damage to your reputation, whether the case involves a substantial question of law, whether you may not understand the proceedings or put your case, whether witnesses need tracing or expert cross-examination, and whether representation is in someone else's interest. Crown Court trials normally pass this test automatically. A refusal can be appealed to the court.
What are the income limits for criminal legal aid in the magistrates' court?
At the time of writing, the Legal Aid Agency's initial test uses your household income adjusted for family size. If adjusted income is £12,475 or less you pass; if it is £22,325 or more you fail; in between, a full test works out your disposable income after tax, housing, childcare and a living allowance, with a limit of £3,398 a year. People under 18 or on passporting benefits pass automatically. If you fail but cannot afford a lawyer, a hardship review may be possible. The government has announced changes to these thresholds.
Will I have to pay towards legal aid in the Crown Court?
Possibly. Crown Court legal aid is means tested, but the limit is higher than in the magistrates' court. At the time of writing, if your household disposable income is over £3,398 but below £37,500, you pay an income contribution of 90% of monthly disposable income for up to six months. At £37,500 or more you are not eligible. If you are convicted, you may also have to pay from capital of £30,000 or more. If you are acquitted, contributions are refunded with interest.
Can I represent myself in a criminal case?
Yes. You have the right to represent yourself in the magistrates' court or the Crown Court, and the court will explain the procedure, but it cannot give you legal advice. Representing yourself can be difficult, especially at trial. In some cases, such as sexual offences or where a protective order applies, you are not allowed to cross-examine the complainant yourself, and the court can appoint a lawyer to do this. You can ask about legal aid or a free duty solicitor at any stage.
Can I change my solicitor if I'm on legal aid?
You can choose your solicitor when you apply for legal aid, but once a representation order is granted, changing firm needs the court's permission. The court will usually only agree if there is a good reason, such as a genuine breakdown in the relationship or a conflict of interest, and the solicitor you are leaving may need to explain. If you are paying privately, you can change solicitor more freely, though you may owe fees for work already done. Changing close to trial can cause delay.
What is the difference between a solicitor and a barrister in a criminal case?
A solicitor usually handles your case day to day: giving advice, gathering evidence, dealing with the prosecution and representing you in the magistrates' court. A barrister, also called counsel, specialises in advocacy and is often instructed by your solicitor to represent you in the Crown Court, especially at trial. Some solicitors have higher rights of audience and can appear in the Crown Court too. Legal aid can cover both. Some barristers accept work directly from the public, but not usually on legal aid.
Can I get my legal costs back if I'm found not guilty?
Sometimes, but usually not in full. A court may make a defendant's costs order under the Prosecution of Offences Act 1985, paying costs from public funds. However, for private clients the amount is generally limited to legal aid rates, which are often far lower than private fees. In the Crown Court, you usually need to have applied for legal aid and been refused on financial grounds to recover anything. If you were legally aided and paid a Crown Court contribution, that is refunded with interest if you are acquitted.
How do I find a criminal defence solicitor?
You can use the Law Society's Find a Solicitor tool, searching for criminal law firms near you, or the GOV.UK tool to find firms that do criminal legal aid. At the police station, you can ask for the duty solicitor or name a firm. At the magistrates' court, a free court duty solicitor may help at your first hearing if you are in custody or facing an imprisonable offence. Check that the firm is regulated by the Solicitors Regulation Authority and ask whether they can act on legal aid.
Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
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