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A criminal defence solicitor's most valuable work often happens before anyone sees a courtroom, in a police station interview room at an awkward hour. What is said in that interview is evidence, and it cannot be taken back. Advice at the police station is free to everyone in England and Wales, regardless of income, and a custody officer must help an arrested person get it.

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If a case is charged, it moves into a court structure that differs across the UK. England, Wales and Northern Ireland run magistrates' courts and the Crown Court, with the Crown Court handling the most serious matters such as murder, rape and robbery, taking cases sent up from the magistrates for trial or sentence, and hearing appeals from them. Scotland has its own prosecution service and its own courts entirely.

Defence work is not only about trials. It covers advising on whether to answer questions, testing disclosure, negotiating charges, arguing bail, and mitigation at sentence. Motoring cases and matters that look minor still carry consequences for a licence, a job or a visa, which is why advice before the first hearing matters more than most people expect.

Arrested: free legal advice at the police station, whatever your income

GOV.UK is explicit that a police custody officer will help you get legal aid if you have been arrested and held at a police station, and that the advice there is free. You can take it over the phone, from the station's duty solicitor, or from your own legal adviser if you have one.

The practical advice is short. Ask for a solicitor before the interview, not during it. Do not treat a request for a solicitor as an admission of anything, because it is a right and exercising it is routine. And say nothing substantive to officers while you wait, because informal conversations in a cell corridor are still recorded in a pocket notebook.

From charge to first hearing: magistrates' court and the Crown Court

After charge, the case begins in the magistrates' court. Less serious matters stay there. The most serious go to the Crown Court, which GOV.UK describes as dealing with offences such as murder, rape and robbery, with cases passed up from the magistrates' court for trial or sentencing, and which also hears appeals against magistrates' court convictions and sentences.

Between those extremes sit offences that can be tried either way, where the decision about venue is a real tactical question with different consequences for procedure and sentence. That decision comes up early, sometimes at the first hearing, which is why having representation lined up before that date matters.

A defence solicitor's first job after charge is usually the evidence: what the prosecution actually has, what it has not disclosed yet, and whether the case as served supports the charge. Plea comes after that, not before.

Criminal legal aid and paying privately

  • Advice at the police station is free for everyone in England and Wales, with no means test.
  • Once charged, a solicitor will check whether you qualify for criminal legal aid for the court proceedings.
  • GOV.UK notes automatic qualification for representation funding in certain categories, including people under 16, people under 18 in full-time education, and those receiving certain benefits.
  • You can use the firm that advised you at the station, ask for the court duty solicitor, or find your own criminal legal aid solicitor.
  • In Scotland criminal legal aid for both summary and solemn proceedings is administered by the Scottish Legal Aid Board.
  • Private defence work is usually quoted by stage, so ask what is covered up to the first hearing and what is not.

Scotland: the procurator fiscal, solemn and summary procedure

Scotland does not have the Crown Prosecution Service or magistrates' courts. Prosecutions are brought by the Crown Office and Procurator Fiscal Service, which describes itself as Scotland's prosecution service and death investigation authority, prepares cases for court, investigates deaths and examines criminal allegations against police officers.

Scottish criminal procedure divides into solemn cases, heard with a jury in the High Court of Justiciary or the sheriff court, and summary cases heard by a sheriff or a justice of the peace without a jury. The terminology, the rules of evidence and the appeal routes all differ from those in England and Wales, so a Scottish case needs a Scottish criminal solicitor.

Duty solicitors, accreditation and checking who is representing you

Police station representatives and duty solicitors work under accreditation schemes, and firms doing publicly funded criminal work hold contracts to do it. You are entitled to ask who is attending, whether they are a solicitor or an accredited representative, and who will appear at court.

You can verify a solicitor on the SRA's Solicitors Register in England and Wales, and a barrister on the Bar Standards Board's Barristers' Register, which also records public access authorisation and past disciplinary findings. If a case is going to the Crown Court, ask early who will be instructed as your advocate, because continuity between the station, the magistrates' court and trial is worth protecting.

Motoring offences, minor charges and consequences people miss

Driving cases are where people most often decide legal advice is not worth it, and most often regret it. Penalty points, totting up, a disqualification or a conviction for a drink or drug driving offence affect insurance, employment and travel, and some outcomes are avoidable only if the argument is made at the right hearing.

The same applies to charges that sound trivial. A conviction can surface in an enhanced criminal record check, in a visa application, in a professional regulator's fitness assessment or in a licence renewal years later. Ask about those consequences before entering a plea rather than after sentence, because the answer sometimes changes what the right plea is.

Criminal Lawyers: frequently asked questions

Is a duty solicitor at the police station really free?

Yes. GOV.UK states that if you have been arrested and held at a police station, the custody officer will help you get legal aid and the advice is free. You can have it by phone, from the station duty solicitor, or from your own adviser. There is no means test at that stage.

Should I answer police questions before a solicitor arrives?

Waiting for legal advice before an interview is normal and is not treated as an admission. A solicitor can see the disclosure the police give, advise on whether to answer, comment on adverse inferences and sit in on the interview. Once an answer is on the recording it cannot be withdrawn.

Will I get legal aid for the court case as well?

Not automatically. Once you are charged, a solicitor checks whether you qualify. Certain groups qualify for representation funding automatically, including people under 16, under 18 and in full-time education, or receiving certain benefits. Otherwise there is an assessment, and your solicitor will explain it before the first hearing.

What is the difference between the magistrates' court and the Crown Court?

Magistrates' courts handle less serious cases and send serious ones up. The Crown Court deals with offences such as murder, rape and robbery, takes cases passed from the magistrates for trial or sentence, and hears appeals against magistrates' court convictions and sentences. Scotland uses an entirely different structure.

Do I need a criminal solicitor for a speeding or drink driving charge?

It is worth taking advice before the first hearing. Motoring outcomes affect your licence, insurance, employment and sometimes travel, and some arguments about procedure, evidence or exceptional hardship have to be made at the right stage or not at all.

Who prosecutes criminal cases in Scotland?

The Crown Office and Procurator Fiscal Service, which is Scotland's prosecution service and death investigation authority. Cases run under solemn procedure with a jury or summary procedure without one, and you will need a solicitor qualified in Scotland rather than one admitted in England and Wales.

Sources

  1. GOV.UK: legal aid if you have been arrested or charged with a crime
  2. GOV.UK: the Crown Court
  3. Crown Office and Procurator Fiscal Service: about COPFS
  4. Scottish Legal Aid Board
  5. Bar Standards Board: the Barristers' Register
  6. SRA: using a solicitor

Written by the LokalMatch editorial team. Last reviewed 22 September 2026. How we write and check our guides

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What affects the fees criminal lawyers charge

Fees depend on the work involved and how the professional bills. We only publish fee ranges when they’re backed by real LokalMatch data or reliable sources. Until then, here’s what usually changes the fee:

  • Scope and complexity of the work
  • How the professional bills: hourly, flat fee or retainer
  • Experience and seniority of the person doing the work
  • Deadlines and how urgent the work is
  • Third-party costs such as filing, registration or government fees

How to compare criminal lawyers before you hire

  • Check that they are licensed or registered for this work where you live, on the regulator’s public register.
  • Look for experience with matters like yours, and ask who will actually handle your file.
  • Ask how they charge before any work starts, and get the terms in writing.
  • Compare two or three professionals before you decide.
  • Be wary of anyone who guarantees a particular outcome.

Questions to ask criminal lawyers before you hire

  • Are you licensed or registered for this work, and with which body?
  • Have you handled matters like mine before?
  • Who will do the work, and who will I deal with day to day?
  • How do you charge: hourly, a flat fee or a retainer?
  • What is included in your fee, and what costs extra?
  • Will you confirm the scope and fees in a written engagement letter?
  • Do you carry professional liability insurance?

Licences and registration

This kind of work is often limited to licensed or registered professionals, and the rules depend on where you are. Ask which body they’re registered with, and check their status on that body’s public register before you hire.