Arrested, asked in for a police interview or charged? Here's how a criminal case works in England and Wales as at 4 November 2026, and the criminal defence firms we list in each city.
Criminal Solicitors by city
No firm pays for its place on our lists. How we compile our lists
The short answer
If the police want to question you, ask for a solicitor before you say anything. Advice at the police station is free for everyone. As at 4 November 2026, every criminal case starts in a magistrates' court, you can still choose a jury trial for an either way offence, and the Sentencing Act 2026 has changed short prison terms and release dates.
If you're arrested: your rights at the police station
You can ask to speak to a solicitor in private at any time, and GOV.UK says that advice is free. As at 4 November 2026, the police can normally hold you for 24 hours without charge, and never more than 96 hours outside terrorism and national security cases.
The custody officer passes your request to the Defence Solicitor Call Centre. You can have the duty solicitor, who is independent of the police and available 24 hours a day, or a firm you name. For minor offences the free advice may be given by phone.
- The caution: "You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in Court. Anything you do say may be given in evidence."
- Telling someone: you can have one person told where you are, at public expense
- Delaying a solicitor: allowed only for an indictable offence, on a superintendent's authority and on set grounds, and you must get advice within 36 hours
| Detention without charge | Limit from arrival at the station |
|---|---|
| Normal limit | 24 hours |
| Superintendent's extension, indictable offences only | 36 hours |
| Warrant from magistrates | Longer, but never beyond 96 hours |
| Terrorism or national security arrests | Up to 14 days |
At a voluntary interview you can leave unless you're arrested, and you must be told free advice is available. What you say there is evidence too.
Charge, bail, release under investigation and cautions
After the interview, the custody officer decides whether you're charged, bailed, released without bail or offered a caution. As at 4 November 2026, pre-charge bail starts at 3 months and can only be extended in set steps.
| Outcome | What happens next |
|---|---|
| Charge | A date at the magistrates' court, on bail or in custody |
| Pre-charge bail | Released without charge but must return when told, sometimes with conditions |
| Release without bail | Often called released under investigation. No conditions or return date, but you can still be charged later |
| Caution | Minor offences only, if you admit it and agree |
Pre-charge bail limits. The first period is 3 months from the bail start date, or 6 months in FCA, HMRC, NCA and SFO cases. In police cases an inspector can extend it to 6 months and a superintendent to 9 months. Under section 47ZDB of the Police and Criminal Evidence Act 1984, a senior officer of the FCA, HMRC, NCA or SFO can extend it to 12 months in that body's cases. After 9 months, a further extension in a police case needs a magistrates' court, or in a case the Director of Public Prosecutions designates as exceptionally complex, a very senior officer.
A caution isn't a conviction, but it can show on standard and enhanced DBS checks, so take advice before you accept one.
Court bail. Under the Bail Act 1976, bail can be refused where there are substantial grounds to believe you'd fail to turn up, offend on bail or interfere with witnesses. Since 22 March 2026, for adults, those grounds generally can't be relied on where there's no real prospect of an immediate prison sentence, including after conviction while you wait to be sentenced.
Which court: magistrates' court or Crown Court
Every case starts in a magistrates' court. Summary cases stay there, indictable only cases go to the Crown Court, and either way cases can go to either.
| Offence type | Where it's heard |
|---|---|
| Summary, such as most minor driving offences | Magistrates' court, up to 6 months' prison for one offence |
| Either way, such as theft | Either court. Magistrates can give up to 12 months for one offence |
| Indictable only, such as murder or robbery | Crown Court, with a jury |
For an either way offence you can still choose a Crown Court jury trial. The Courts and Tribunals Bill would remove that choice and allow judge alone trials in some technical and lengthy fraud and financial cases. It has been in the House of Lords since 14 October 2026 and, as at 4 November 2026, has not received Royal Assent. It isn't law.
To appeal a magistrates' conviction or sentence, you usually have 15 working days from sentence.
Sentencing in 2026
As at 4 November 2026, an adult given a prison term of 12 months or less must usually have it suspended, and most adults on a standard fixed term sentence are released on licence at the one third point.
- Suspended sentences: for adults convicted on or after 22 March 2026, where a suspended sentence is available, a term of 12 months or less must be suspended unless exceptional circumstances justify immediate custody. Exceptions include being already in custody and a significant risk of harm to a particular person
- Release: since 1 October 2026, most adults on a standard fixed term sentence are released automatically at one third. Excluded offences include manslaughter, causing death by driving and many sexual offences. People already serving move across in stages up to 8 June 2027
- Guilty pleas: the Sentencing Council guideline allows up to one third off for a plea at the first stage, one quarter later, and one tenth on the first day of trial
Youth cases
Children aged 10 to 17 usually go to a youth court, and get extra protection at the police station.
- Under 18s must have an appropriate adult at the station, and can speak to that adult privately at any time
- Police can give a youth caution to a child aged 10 to 17 who admits the offence, in front of an appropriate adult. A youth conditional caution also needs the child's agreement. Neither is a conviction
- Youth court cases are heard by three magistrates or a district judge, with no jury, and the public generally can't attend
- Very serious cases, such as murder, go to the Crown Court
- Youth courts can impose community sentences and detention and training orders. The suspended sentence presumption applies to adults only
Driving offences and spent convictions
Drink driving means a ban of at least 1 year. As at 4 November 2026, a driving endorsement is spent after 5 years, or 2 and a half years if you were under 18.
- Limits: 35 micrograms of alcohol per 100ml of breath, 80mg per 100ml of blood
- Over the limit: up to 6 months in prison, an unlimited fine and a ban of at least 1 year, or 3 years for a second conviction within 10 years. The ban can be cut or skipped only for special reasons
- Totting up: 12 or more points within 3 years means a ban of at least 6 months. The court can take account of hardship only if it's exceptional
| Outcome | 18 or over | Under 18 |
|---|---|---|
| Simple caution | Spent straight away | |
| Conditional caution | 3 months, or sooner if the caution ends earlier | |
| Fine | 12 months | 6 months |
| Driving endorsement | 5 years | 2 years 6 months |
| Custody of 1 year or less | 12 months from the end of the sentence | 6 months from the end of the sentence |
Paying for a criminal solicitor
Police station advice is free for everyone. For court, legal aid depends on an interests of justice test and a means test, and under 18s pass the means test automatically.
- Automatic pass on means: under 18s, and people on Universal Credit, Income Support, income based Jobseeker's Allowance, income related Employment and Support Allowance or Guarantee Credit
- Magistrates' court: adjusted annual income of £12,475 or less qualifies, and £22,325 or more doesn't. In between, a full test applies, with a disposable income limit of £3,398
- Crown Court: household disposable income of £37,500 or more rules you out for a trial. Below that you may pay a contribution, refunded with 2% interest if you're acquitted
At court you can ask for the court duty solicitor, and GOV.UK links to a search service for finding your own criminal legal aid solicitor. If you pay privately, ask for a written estimate first.
Legal aid income figures are as shown on GOV.UK on 4 November 2026.
How to choose and check a criminal defence firm
Check the solicitor and firm on the SRA's Solicitors Register, then ask who will handle your case at the station and in court.
- SRA register: shows whether someone is a solicitor and where they work, whether the SRA regulates their firm, and which firms it has closed and people it has barred
- Duty solicitor scheme: the Law Society says its Criminal Litigation Accreditation is needed to be on local duty solicitor rotas. It publishes a list of members, updated monthly
- Higher rights: the SRA says solicitors must pass its higher rights of audience assessment to practise advocacy in the higher courts. In our view that matters most for a Crown Court trial, so ask whether your solicitor has higher rights or will instruct a barrister
Questions to ask on the first call:
- Can someone come to the police station at any hour?
- Who will run my case, and who will speak for me in court?
- Do you take legal aid, and will you check whether I qualify?
Scams. HMCTS warns that scammers spoof court phone numbers and may demand payment, and it says not to make any payments or share personal information. Our advice: if you're unsure about a call or message, contact the court using GOV.UK's Find a court or tribunal service, or your solicitor using the details on the SRA register.
Sources
- Police and Criminal Evidence Act 1984, s.58
- Police and Criminal Evidence Act 1984, s.41, s.42, s.43 and s.44
- Police and Criminal Evidence Act 1984, s.47ZB, s.47ZD, s.47ZDA, s.47ZDB, s.47ZE and s.47ZF
- PACE Code C 2023, GOV.UK
- Arrested: your rights, GOV.UK
- Arrested: legal advice at the police station, GOV.UK
- Arrested: how long you can be held in custody, GOV.UK
- Cautions, warnings and penalties, GOV.UK
- Crime and Disorder Act 1998, s.66ZA
- Bail Act 1976, Schedule 1 Part I
- Circular 2026/01: Bail Act 1976 amendments by the Sentencing Act 2026, GOV.UK
- Courts, GOV.UK
- Crown Court, GOV.UK
- Youth courts, GOV.UK
- Sentencing Act 2020, s.224 and SI 2024/1067
- Courts and Tribunals Bill policy paper, GOV.UK
- Courts and Tribunals Bill, UK Parliament
- Appeal a magistrates' court decision, GOV.UK
- Reduction in sentence for a guilty plea, Sentencing Council
- Sentencing Act 2026, s.1 and s.49
- The Sentencing Act 2026 (Commencement No. 6 and Revocation) Regulations 2026, SI 2026/953
- Drink drive limit, GOV.UK and Drink-driving penalties, GOV.UK
- Road Traffic Offenders Act 1988, s.34 and s.35
- Rehabilitation of Offenders Act 1974, s.5
- Rehabilitation periods, GOV.UK
- Legal aid: arrested or charged with a crime, GOV.UK
- Criminal legal aid: means testing, GOV.UK
- Criminal Legal Aid (Financial Resources) Regulations 2013, reg. 22
- Find a criminal legal aid solicitor, Ministry of Justice
- Solicitors Register, SRA
- Guidance on HMCTS related suspicious phone calls, emails and text messages, GOV.UK
- Practising advocacy in the higher courts, SRA
- Criminal Litigation Accreditation, the Law Society
- Here if you need us, Legal Ombudsman
Criminal Solicitors: common questions
Do I have to pay for a solicitor at the police station?
No. Anyone questioned at a police station is entitled to free legal advice, whether they've been arrested or are attending a voluntary interview. You can ask for the duty solicitor, who is independent of the police and available 24 hours a day, or for a firm you name. For some minor matters the advice is given by phone.
Should I answer questions in a police interview?
You don't have to say anything. The caution warns that it may harm your defence if you don't mention something you later rely on in court, and that anything you do say may be given in evidence. Whether to answer is a decision to make with your solicitor, in private, before the interview starts.
How long can the police hold me without charge?
Usually 24 hours from when you arrive at the police station. For an indictable offence a superintendent can extend that to 36 hours, and magistrates can allow more, but never beyond 96 hours in total. Arrests under terrorism or national security laws can mean up to 14 days.
What does released under investigation mean?
It means the police released you without bail. There are no conditions and no date to come back, but the investigation is still open and you could be charged later. Pre-charge bail is different: you must return when told, and conditions can apply.
Can I still choose a jury trial?
Yes, if the offence is either way. As at 4 November 2026, the Government's Courts and Tribunals Bill would remove that choice, but the Bill is still before Parliament and isn't law, so the right stands for now.
If I'm given 12 months or less, will I go to prison?
Not usually, if you're 18 or over and were convicted on or after 22 March 2026. Where a suspended sentence is available, a prison term of 12 months or less must be suspended unless exceptional circumstances justify immediate custody. There are exceptions, for example if you're already in custody or a particular person would face a significant risk of harm.
Does a child have to pass the legal aid means test?
No. Under 18s pass the means test for criminal legal aid in court automatically, so the family's income isn't assessed, although the interests of justice test still applies. Advice at the police station is free for everyone, whatever their age.
How do I check a criminal solicitor is genuine?
Search the SRA's Solicitors Register to confirm the person is a solicitor and that the SRA regulates their firm, and use the contact details you find there. To complain, go to the firm first. It has 8 weeks to resolve it, and then you can contact the Legal Ombudsman on 0300 555 0333.
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