Duty Solicitor vs
Legal Aid Order
A common myth is that the "Duty Solicitor" works for the police. This is false.
1. The Duty Solicitor (Police Station)
When you are arrested and taken to a police station, you have the statutory right to free legal advice. This is paid for by the Legal Aid Agency, regardless of your income.
Key Facts:
- It is FREE: You do not pay a penny.
- They are INDEPENDENT: They do not work for the police. They work for private law firms.
- 24/7 Availability: They can attend the station at 3am if needed.
Myth: "The Duty Solicitor is just there to get it over with."
Reality: Duty Solicitors are often highly experienced criminal
defence lawyers. Their job is to protect your rights.
2. Criminal Legal Aid (Court)
If you are charged and go to Court (Magistrates or Crown), the rules change. You no longer get automatic free advice. You must apply for a Representation Order (Legal Aid).
To get this, you must pass two tests:
- Interests of Justice Test: Is the case serious enough? (e.g., risk of prison, loss of job).
- Means Test: Do you earn too much money? (Income/Capital).
Summary Table
| Type | Where? | Cost? | Means Tested? |
|---|---|---|---|
| Duty Solicitor | Police Station | Free | NO |
| Legal Aid Order | Magistrates / Crown Court | Free or Contribution | YES |