I Am Innocent. Do I Need a Criminal Solicitor at the Police Station?

Chloe Powell
Feb 7
4 min read

This is one of the most frequently asked questions by those who have had no previous dealings with the police. If you are under investigation, seeking the advice of a criminal solicitor is crucial. We urge you to always exercise your right to consult with a criminal defence solicitor before and during any police station interview. Many individuals mistakenly believe that requesting a solicitor may make them look guilty, but this is not the case. The police understand that you are simply exercising your fundamental legal rights.

Common Phrases Used by Police Officers:

“The Police just want a chat” If you are being asked to simply chat or attend the police station, it is because the Police wish to speak to you regarding an active investigation.

“I’m neutral in this; I just want to hear your side of the story” – If an officer wants to hear your side, you are already a suspect. Any statements you make—whether over the phone or in person—may be used against you. Without the presence of a criminal law solicitor, you may unwittingly incriminate yourself.

“We can interview you immediately and get you out of the police station, if you do not want to wait for a solicitor” – The police station environment can be intimidating. Acting in haste, to get the interview over with or get out of the station, could be your worst mistake, which inevitably results in charge. Every criminal defence lawyer has a response time and will attend within reasonable notice. Additionally, an experienced solicitor may negotiate a more suitable interview date with the police. Without a solicitor, you will not receive pre-interview disclosure, meaning you will go into the interview without knowing the allegations and or the evidence the police rely upon, in advance of any questions asked.

Why Do You Need a Solicitor?

The police record everything you say during and outside of the interview room. Much of your time outside the interview is captured on CCTV or body worn footage. In due course, all of this real evidence can be deployed against you. The police station interview is often the starting point of a criminal investigation, and what you do or not say at this key stage often determines whether charges are inevitably laid. Therefore, it is vital that your interactions with the police are handled with skill, sensitivity and care from the outset.

Once you have given any voluntary statement, account and or unsolicited comments to the police, it is very difficult to retract or explain away any accounts made in panic or stress. Your actions, account and engagement with the Police all contribute to the final decision, as to whether the Crown Prosecution Service (CPS) decide to bring charges against you. Requesting and having physical representation by a criminal solicitor ensures you are properly supported, advised and protected throughout the process.

Police station interviews are governed by the Police and Criminal Evidence Act 1984 (PACE) Codes of Practice, which regulate police conduct and protect your rights. Your criminal defence solicitor will be well-versed in these regulations to ensure officers adhere to correct procedures.

What Happens When a Solicitor Attends My Police Interview?

A police interview with legal representation involves three key stages:

1. Pre-Interview Disclosure

Upon arrival, your criminal solicitor will be provided with an outline of the allegations against you. If you do not have legal representation, no such disclosure is required. Your solicitor may challenge officers, request further details, and clarify evidence before your interview begins, allowing you to enter the interview prepared.

2. Pre-Interview Consultation

Following disclosure, you will have a private consultation with your solicitor. During this time, they will:

Explain the allegations and evidence held by the police.
Identify any evidence that may be withheld at this stage.
Clarify the legal elements of the alleged offence.
Advise you on your legal rights and the best approach for your situation.

Based on their advice, you may choose to answer all questions, remain silent, or provide a prepared statement.

3. The Police Interview

Your solicitor will be present throughout the interview to ensure:

The police caution and procedures are correctly followed.
You can pause the interview at any time for legal consultation.
The police do not use inappropriate tactics or irrelevant questions.
The interview remains fair and legally compliant.

What Happens After the Police Interview?

Your solicitor will liaise with the police on your behalf, reducing stress and ensuring clear communication. Possible outcomes include:

Being charged – The case proceeds to court.
Being bailed – You may be required to return at a later date while investigations continue.
Being remanded in custody – Legal representation can be crucial in securing bail rather than detention.
No further action (NFA) – This ends your involvement in the investigation.

Expert Criminal Defence Representation

If you are under investigation or facing questioning, seeking immediate legal advice from an experienced criminal defence solicitor is essential. Garrick Law specialises in criminal defence law and pre-charge representation to protect your rights and ensure the best possible outcome for your case.