Criminal Solicitors.

We have put together a few guidance notes for your help with Criminal law matters, if you require a solicitors please use the search facility or ask a question.

Criminal law covers offences investigated by the Police and prosecuted through the criminal courts. It includes the procedures followed during arrest, detention, police interviews, charging, bail, court proceedings and sentencing.

The criminal law solicitors listed on Solicitors.com can assist with matters ranging from voluntary police interviews and minor offences to serious and complex criminal allegations. They may also provide advice on appeals, cautions, criminal records, motoring offences, fraud and regulatory investigations.

Not every criminal defence firm holds a Legal Aid Agency contract, and not every case qualifies for publicly funded representation. However, anyone interviewed by the Police under caution is normally entitled to free and independent legal advice at the police station, regardless of their income.

If you need help with a criminal matter, you can search for a criminal law solicitor through the Solicitors.com directory or use our Ask a Solicitor service.

What Happens When You Are Arrested?

If you are arrested, the Police must tell you that you are under arrest, explain the suspected offence and give the reason why your arrest is considered necessary.

You will usually be taken to a police station, where a custody officer will decide whether your detention should be authorised. You may be searched, your belongings may be recorded, and you may be placed in a cell while the investigation continues.

Depending on the circumstances, you may later be:

• released without further action;
• released while the investigation continues;
• released on pre-charge bail;
• given an out-of-court disposal, where legally appropriate;
• charged and released on bail; or
• charged and kept in custody to appear before a court.

Your Rights in Police Custody

When you are detained at a police station, you must normally be informed of your rights. These include:

• free and independent legal advice;
• the right to have someone informed of your arrest;
• access to medical assistance where required;
• access to food, drinking water, toilet and washing facilities;
• an interpreter or communication assistance where necessary;
• information explaining your rights and the police Codes of Practice; and
• the right to inspect relevant documents concerning your detention.

There are limited circumstances in which certain rights may be delayed, but strict legal safeguards apply. A request for legal advice should not be refused simply because the investigation is considered straightforward.

Children and Vulnerable Adults

A person under the age of 18, or an adult who is considered vulnerable, will normally require an appropriate adult while in police custody.

The appropriate adult helps protect the detained person's rights and welfare, assists with communication, and checks that the Police are acting fairly. They do not replace a solicitor and cannot provide legal advice.

Free Legal Advice at the Police Station

Legal advice at the police station is normally free. It is not means-tested and does not depend on whether you are ultimately charged.

You can:

• ask to speak to the police station duty solicitor;
• ask the Police to contact a criminal defence solicitor of your choice; or
• ask to speak to a legal adviser by telephone where that is appropriate.

The duty solicitor is independent of the Police and is available 24 hours a day. Duty solicitors are qualified criminal defence lawyers who attend police stations as part of an approved rota.

You may initially refuse legal advice and later change your mind. It is generally sensible to speak to a solicitor before answering questions, signing documents, accepting a caution or making any important decision about the investigation.

Being Interviewed by the Police

A police interview under caution is a formal part of a criminal investigation. What you say, or fail to mention when questioned, may later be used in evidence.

You have a right not to answer questions. However, remaining silent can sometimes have legal consequences if you later rely on information that you could reasonably have mentioned during the interview.

A solicitor can explain the allegation, obtain any available information from the Police, and advise you on whether you should answer questions and attend the interview with you. You should obtain individual legal advice before deciding how to respond.

You may also be invited to attend a voluntary interview. Although you are not under arrest and are normally free to leave, the interview remains a formal interview under caution. You are still entitled to free legal advice.

How Long Can the Police Keep You in Custody?

In most cases, the Police can hold a person for up to 24 hours before they must charge or release them.

For certain serious offences, detention can be extended to 36 hours by an appropriately authorised senior police officer. A magistrates' court may authorise further detention for up to 96 hours from the relevant time.

Different rules apply to arrests under terrorism legislation. A terrorism suspect may, subject to judicial authorisation and statutory safeguards, be detained without charge for up to 14 days.

These are maximum periods, not automatic detention times. The Police must continue to justify detention and regularly review whether it remains necessary.

What Is Police Bail?

Bail allows a person to be released from custody while requiring them to attend a police station or court at a later date.

Pre-Charge Bail

The Police may release someone on pre-charge bail while further enquiries are carried out. Conditions can be imposed where they are considered necessary and proportionate.

Possible conditions may include:

• not contacting a particular person;
• not entering a particular area;
• living at a specified address;
• reporting to a police station;
• surrendering a passport; or
• complying with restrictions intended to protect witnesses or prevent further offending.

Pre-charge bail is subject to statutory time limits and review procedures. The applicable period and the authority required for an extension will depend on the type and complexity of the investigation.

Released Under Investigation

In some cases, a person may be released without bail while the Police continue their investigation. This is commonly described as being released under investigation.

There may be no formal bail conditions or fixed return date, but the investigation remains active. The Police may contact the person again, arrange a further interview or make a later charging decision.

Bail After Charge

After charge, the Police or the court may release a defendant on bail until the next hearing. Conditions may be imposed to ensure attendance, prevent further offending, protect witnesses or reduce the risk of interference with the case.

Can Bail Be Refused?

There is generally a right to bail. Still, bail can be refused where a statutory exception applies. This is not limited to allegations such as murder or rape.

A court may remand a defendant in custody where there are substantial grounds for believing that they would:

• fail to attend court;
• commit further offences while on bail;
• interfere with witnesses or obstruct the course of justice; or
• present another legally recognised risk that cannot be managed through bail conditions.

The court may consider factors including the seriousness of the allegation, the defendant's previous convictions, their record of attending court, the strength of their community ties and whether suitable bail conditions are available.

Special restrictions apply to bail in some serious cases. A criminal defence solicitor can make a bail application, propose suitable conditions and, where appropriate, challenge a refusal of bail.

What Does It Mean to Be Remanded in Custody?

A defendant who is refused bail may be remanded in custody while awaiting the next hearing or trial.

Statutory custody time limits restrict how long an unconvicted defendant can ordinarily remain in custody before the relevant stage of the proceedings. The applicable limit depends on the offence, the court, and the procedural history of the case.

The prosecution may apply to extend the custody time limit. Still, it must satisfy the court that the legal requirements for an extension have been met.

Cautions and Other Out-of-Court Disposals

For some offences, the Police may consider a caution or another out-of-court disposal instead of prosecution. The available options depend on the offence, the evidence, the person's age and the circumstances of the case.

Accepting a caution normally involves admitting the offence. A caution is not the same as a court conviction, but it can form part of a person's criminal record and may be disclosed on certain DBS certificates, subject to the applicable filtering rules.

You should obtain legal advice before accepting a caution. A solicitor can explain the evidence, the consequences of acceptance and whether another outcome may be appropriate.

What Is a Criminal Record?

A criminal record may contain information about convictions, cautions and other disposals recorded by the Police and criminal justice agencies.

It is incorrect to assume that every item will always be disclosed in every situation. The information that must be declared or shown on a DBS certificate depends on:

• whether a conviction or caution is spent;
• the type of DBS check requested;
• the nature of the offence;
• the person's age at the time of the offence;
• how much time has passed; and
• whether statutory filtering rules apply.

Some records can remain on police systems even when they no longer need to be declared for most purposes. The rules surrounding retention, rehabilitation and disclosure are different and should not be confused.

What Is a DBS Check?

The Disclosure and Barring Service replaced the former Criminal Records Bureau and Independent Safeguarding Authority. Criminal record checks are now known as DBS checks rather than CRB checks.

Basic DBS Check

A basic DBS check can be requested for any role or purpose. It normally shows unspent convictions and conditional cautions under the Rehabilitation of Offenders Act 1974.

An individual can apply for their own basic DBS check.

Standard DBS Check

A standard DBS check may show spent and unspent convictions and adult cautions held on the Police National Computer, subject to statutory filtering rules.

Standard checks are available only for legally eligible roles. They are normally requested through an employer or another registered organisation.

Enhanced DBS Check

An enhanced DBS check includes the information in a standard check and may also include relevant information held by local police forces.

For eligible roles, it may include a check of the children's barred list, the adults' barred list or both. Enhanced checks are commonly associated with eligible work involving children, vulnerable adults, healthcare, education and certain positions of trust.

How Much Does a DBS Check Cost?

As of July 2026, the government fee for a basic or standard DBS check is £21.50. The fee for an enhanced DBS check, with or without a barred-list check, is £49.50.

An organisation processing the application may charge an additional administration fee. The DBS generally processes eligible standard and enhanced checks for qualifying volunteers without a government application fee. However, an organisation may still charge an administration fee.

Speak to a Criminal Law Solicitor

Criminal investigations can move quickly. Decisions made during the early stages may affect the entire case. Obtain legal advice as soon as possible if you have been arrested, invited to a voluntary interview, released on bail, charged with an offence or offered a caution.

Solicitors.com can help you find criminal defence solicitors throughout England and Wales. Search our directory or use the Ask a Solicitor service to submit an enquiry.

Important: This guide provides general information about criminal procedure in England and Wales. It is not legal advice and should not be relied upon as a substitute for advice about an individual case. Different procedures apply in Scotland and Northern Ireland.