A person arrested and taken to a police station can ask for a lawyer before being questioned. The rule in England and Wales is set out in section 58 of the Police and Criminal Evidence Act 1984 (PACE), which legislation.gov.uk marks as applying to England and Wales, and is explained in GOV.UK’s “Being arrested: your rights” guide (read 25 October 2026). GOV.UK notes that the law on being arrested is different in Scotland and in Northern Ireland. This is general information, not legal advice.
The general rule: free advice before questioning
GOV.UK says a person questioned at a police station has the right to free legal advice (legal aid), and may change their mind later if they turn it down. The police must tell a person about this right after arrest and before questioning. GOV.UK describes the adviser’s role as making sure the person knows their rights and explaining what is happening.
The statute puts it in terms of entitlement. Under section 58(1), a person arrested and held in custody in a police station or other premises is entitled, if they request it, to consult a solicitor privately at any time.
Three ways to ask
GOV.UK lists three routes:
- ask for the police station’s duty solicitor, who it says is available 24 hours a day and independent of the police;
- tell the police you want advice, in which case they will contact the Defence Solicitor Call Centre (DSCC);
- ask the police to contact a solicitor, such as your own.
For a less serious offence, such as being disorderly, GOV.UK says advice may be offered by phone instead of from a duty solicitor. It describes that advice as free and independent of the police.
What the Act requires of the police
Section 58 adds detail on process:
- a request, and the time it was made, must be recorded in the custody record (section 58(2)), though it need not be recorded where it is made at court after charge (section 58(3));
- the person must be allowed to consult a solicitor as soon as is practicable, except to the extent delay is permitted (section 58(4));
- in any case, consultation must be permitted within 36 hours from “the relevant time”, which section 41(2) defines (section 58(5)).
GOV.UK adds that once advice has been requested, the police cannot question the person until it has been obtained, with some exceptions.
The exception: when delay can be authorised
Delay is the exception, and the Act sets conditions. It is permitted only for a person in police detention for an indictable offence, and only if an officer of at least the rank of superintendent authorises it (section 58(6)). GOV.UK expresses this as a “senior officer” agreeing and gives 36 hours after arrival at the station as the longest wait.
Section 58(8) allows authorisation only on reasonable grounds for believing that consulting a solicitor at that time would:
- lead to interference with, or harm to, evidence connected with an indictable offence, or interference with or physical injury to other people;
- lead to the alerting of other suspects not yet arrested; or
- hinder the recovery of property obtained through the offence.
Section 58(8A) adds a further ground connected with the recovery of the value of benefit from criminal conduct. If delay is authorised, the detained person must be told the reasons, which must be noted on the custody record (section 58(9)), and there may be no further delay once the reason ceases (section 58(11)). Terrorism cases follow different rules: section 58(12) says the section does not apply to people arrested or detained under the terrorism provisions, and GOV.UK gives 48 hours as the longest wait for suspected terrorism.
Under 18 or a vulnerable adult
GOV.UK says the police must find an “appropriate adult” for anyone under 18 or a vulnerable adult, to protect their interests, rights and welfare. The appropriate adult cannot give legal advice or answer questions on the person’s behalf, but GOV.UK says they can arrange legal advice even if the person does not want it, and the person can speak to them privately at any time.
Other rights in custody, and after charge
GOV.UK says the custody officer must explain the person’s rights, including telling someone where they are, medical help if ill, seeing the Codes of Practice and receiving a written notice of rights. When questioning, the police must explain, by reading the police caution, that the person does not have to answer but that there could be consequences if they do not.
If a person is charged or has to go to court, GOV.UK says a solicitor will check whether they qualify for legal aid. GOV.UK says legal aid for representation in court is automatic for anyone under 16, under 18 and in full-time education, or on certain benefits. This site’s guide to legal aid in England and Wales covers the wider scheme.
FAQs
Is the police station advice free?
GOV.UK describes the advice at the police station as free legal advice (legal aid).
Can I change my mind after refusing advice?
GOV.UK says yes, a person who turns advice down can change their mind later.
The bottom line
In England and Wales, a person held at a police station is entitled under section 58 of PACE to consult a solicitor privately on request, and GOV.UK says the advice is free. Delay is possible only in the narrow circumstances the Act lists, with senior authorisation and recorded reasons, and the statute and GOV.UK describe the limits in different terms. Young and vulnerable people have an appropriate adult. This is general information, not legal advice.
Sources
- Being arrested: your rights: When you’re arrested (gov.uk, read 25 October 2026)
- Being arrested: your rights: Legal advice at the police station (gov.uk, read 25 October 2026)
- Being arrested: your rights: Your rights in custody (gov.uk, read 25 October 2026)
- Legal aid: If you’ve been arrested or charged with a crime (gov.uk, read 25 October 2026)
- Police and Criminal Evidence Act 1984, section 58: Access to legal advice (legislation.gov.uk, up to date to 25 October 2026)