UK criminal law: your interview, bail or court notice
Start with where the case is being handled and the document you have received. England and Wales, Scotland and Northern Ireland have different rules. Use the route comparison and document checklist below to identify your next step. If police want to interview you about an offence, ask them to arrange free independent legal advice.
Key points
- There is no single UK criminal procedure. England and Wales share one system; Scotland and Northern Ireland have their own legislation, courts and prosecution services.
- Ask police for free independent solicitor advice before a suspected-offence interview. You do not need to pay Legal Hotline to use police-station advice. Explain any age, language, communication, disability or medical needs.
- Police bail, release under investigation, charge and a court notice mean different things. Keep the written conditions and response or attendance date; a consultation booking does not change them.
- For an England-and-Wales Single Justice Procedure Notice, check the stated response date immediately. The procedural rule uses 15 business days after service of the specified documents; the public guide’s 21-day wording is not the same calculation.
- A charge is not proof of guilt. Get advice on the exact allegation, evidence and available responses before deciding on a plea or interview strategy; an AI summary cannot assess your defence.
- A spent conviction is not a deleted record. Disclosure rules depend on the jurisdiction, sentence, age and type of check. Use the document checklist and official help routes before arranging further advice.
If police want to interview you about a suspected offence in the UK, tell them you want free independent legal advice and establish whether you are arrested or attending voluntarily. If you have a bail document or court notice, keep it and check the conditions, response date and hearing date now. The applicable rules depend on whether the case is in England and Wales, Scotland or Northern Ireland.
Checked on 23 October 2026: current England-and-Wales and Northern Ireland police legislation and codes, Scottish criminal procedure, Criminal Procedure Rules current to 5 October 2026, and official court, legal-aid and disclosure guidance linked below. Sources and limits of this check.
Which UK criminal system applies?
The place handling the alleged offence and proceedings matters more than your home address. Cross-border cases need individual advice; do not choose a rule simply because it is the first search result.
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| System | Main prosecution and court routes | Practical check |
|---|---|---|
| England and Wales | Police/CPS charging responsibilities vary. Magistrates’ courts, the Crown Court and youth courts have different roles. | Look for the police force, prosecuting authority, court name and exact offence on the papers. |
| Scotland | Police can charge and report to the procurator fiscal. Justice of the Peace, sheriff and High Court routes differ; sheriff proceedings may be summary or solemn. | Check whether you have an undertaking, citation, complaint, petition or indictment and the stated date. |
| Northern Ireland | The Public Prosecution Service and Northern Ireland courts operate under separate law. Magistrates’ and Crown Court routes differ; some Crown Court trials have no jury. | Use NI police/court papers and NI legal-aid guidance; English PACE and sentencing rules are not a substitute. |
The CPS, COPFS and PPS publish their respective prosecution tests. Those decisions are distinct from the court’s decision on guilt. In England and Wales, a limited Threshold Test can permit an immediate charge before the full evidential test is met; do not assume every charge proves that test has already been satisfied.
Police interview: ask for advice before deciding what to say
Tell police you want an independent solicitor and ask how the free advice will be arranged. England-and-Wales guidance and Scottish guidance describe the own/duty-solicitor routes; Northern Ireland guidance confirms free advice for police-station interviews concerning a suspected offence. Some advice may initially be by telephone.
Establish whether you are arrested or attending voluntarily. Voluntary attendance does not remove interview safeguards. Do not assume you can leave without confirming your current status, or that asking for a solicitor automatically cancels a required attendance.
Interview safeguards and their exceptions are jurisdiction-specific. In Scotland, current section 33 prevents an under-18 suspect from waiving solicitor presence, but section 32 retains a tightly defined exceptional interview power. Northern Ireland’s current PACE Code C took effect on 1 July 2026. Explain communication or support needs so the applicable safeguards can be considered.
There is no safe universal instruction to answer every question or say “no comment”. England-and-Wales section 34 and Northern Ireland article 3 permit specified inferences from a failure to mention a fact later relied on. Their solicitor-opportunity safeguards are qualified. Scottish rules differ. Ask your solicitor about the actual caution, evidence and interview circumstances.
Do not send confidential evidence to a general AI information line as a substitute for taking advice. Preserve relevant messages, recordings and documents in their original form, and ask the solicitor how to provide them securely.
How long can police hold someone before charge?
These are starting points under the ordinary police detention regimes, not a promise of release at a particular time. Different powers, charged detention and special terrorism or national-security regimes need separate checking.
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| Jurisdiction | Ordinary framework | Important limits |
|---|---|---|
| England and Wales | Generally 24 hours; authorised extension can take this to 36 hours; court warrants can take total detention to 96 hours. | PACE sections 41–44 apply. The clock uses the statutory relevant time, not necessarily arrest; offence, necessity and investigation conditions apply. |
| Northern Ireland | Ordinary 24-hour framework, with qualified authorisation to 36 hours and court warrants up to a total of 96 hours. | NI PACE articles 42–45 apply, including relevant-time and warrant conditions. English provisions do not govern this calculation. |
| Scotland | Ordinarily 12 hours from custody authorisation, with a possible further 12 hours if statutory requirements are met. | Sections 9 and 11 of the 2016 Act govern. The extension requires an indictable offence, the custody test and proper authorisation; under-18 safeguards differ. |
Ask the solicitor to check the legal power, recorded start time, reviews and any extension authority. Do not calculate an individual release deadline from this comparison alone.
Released, charged or sent a notice: what needs doing?
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| Situation | What it means for your next step | What not to assume |
|---|---|---|
| Police bail | Keep the return date, conditions and any variation or extension notice. Ask your solicitor about the proper route for changing a condition. | That bail ends the investigation or that an informal agreement changes the written conditions. |
| Released under investigation in England and Wales | Retain the investigation reference and correspondence; obtain advice on the allegation and any later notice. | That release means acquittal or that every offence can be prosecuted indefinitely. |
| Charged, cited or required to attend court | Identify the exact allegation, plea/attendance requirements, bail status and next date. Arrange advice using the correct jurisdiction. | That charging proves guilt, court representation is already arranged or every case starts in the same court. |
| Single Justice Procedure Notice in England and Wales | Check the notice’s response instructions and date; gather the charge, evidence and service details. See the deadline explanation below. | That ignoring it prevents a decision, or that this procedure is a UK-wide route. |
For England-and-Wales pre-charge bail, section 47ZB generally uses an initial applicable bail period of three months, or six months in designated FCA, HMRC, NCA or SFO cases, from the statutory bail start date. Extensions and qualifications apply. This is not a UK-wide clock or the deadline for bringing every prosecution.
Single Justice Procedure Notices: why the response date needs care
The Single Justice Procedure concerns qualifying adult or corporate summary cases in England and Wales for non-imprisonable offences. Criminal Procedure Rule 24.9(4) specifies a response period of 15 business days after service of the specified documents. Rule 2.2 excludes weekends and specified holidays from business days.
The GOV.UK public guide describes 21 days from the date shown on the notice. Those descriptions use different start events and counting rules. Check the response date and instructions on your actual notice immediately; do not use a rough three-week calculation to postpone a response. If the date is unclear, close or passed, obtain advice and contact the court promptly.
Keep the notice, charge, evidence, envelope or electronic delivery details, response confirmation and any payment or financial-information instructions. A not-guilty response or request for a hearing follows the relevant hearing route; do not assume a written procedure prevents you from asking for a hearing.
HMCTS Single Justice Service Centre can provide procedural or case-information help on 0300 303 0656, Monday to Friday, 8am to 5pm; call charges may apply. Court staff cannot decide your plea or provide your solicitor’s advice.
If you have already received a conviction or order, the available response is a different question. Get the decision and dates checked promptly; this page does not calculate appeal or reopening deadlines.
Plea, sentence and a criminal record
A plea should follow advice on the actual charge, evidence and any defence. Guilty-plea reductions depend on the jurisdiction, stage and applicable exceptions; there is no single UK discount. A consultation does not guarantee a reduced sentence or a particular outcome.
For adults in England and Wales, the guilty-plea guideline ordinarily starts at one-third at the first stage of proceedings, then a maximum of one-quarter which reduces towards a maximum of one-tenth on the first trial day. Exceptions and special rules apply, including murder; the guideline does not reduce ancillary driving disqualification. Scotland and Northern Ireland require their own rules.
A conviction becoming spent does not delete it from police records or guarantee it will never be disclosed. Sentence details, age, later convictions, the role being applied for and the type of check can affect the answer.
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| Jurisdiction | Official route | Question to resolve |
|---|---|---|
| England and Wales | DBS rehabilitation-period guidance and the requirements of the relevant check. | Is the conviction spent, and can it still appear or need disclosure for this particular role? |
| Scotland | Disclosure Scotland guidance: Level 1, Level 2 and PVG arrangements. | Which level or scheme applies, and is a review or removal-from-disclosure route relevant? |
| Northern Ireland | AccessNI guidance on unspent/spent convictions and filtering. | Which check is requested, and do filtering or role-specific exceptions apply? |
Bring the actual conviction and sentence documents to advice. A general time-period table cannot establish your disclosure obligations, and removal from a particular disclosure is not the same as deleting every record.
Prepare these five things before solicitor advice
- Identify the jurisdiction, police force, court, case reference and exact alleged offence. Keep every page of the notice or charge.
- Record arrest/interview dates, any custody-authorisation or release information, service dates, response dates and the next attendance or hearing. Keep envelopes and electronic delivery details.
- Collect current bail conditions, undertakings, variations and previous orders. Highlight a condition or deadline you cannot meet so the solicitor can advise on the proper route.
- Prepare a short dated account and preserve relevant messages, recordings, witnesses’ contact details and documents. Note medical, language, age or communication needs; ask how to supply sensitive material.
- Bring previous conviction/sentence details where relevant and funding information. Ask what the initial consultation covers, who will act, whether legal aid is available and what representation or further work will cost.
Act on an urgent police or court requirement through the proper solicitor/court route. Waiting for a commercial appointment does not suspend a deadline, vary bail or arrange attendance at an interview.
Arrange a one-hour criminal-law solicitor consultation — £145
Use the consultation to identify the jurisdiction, allegation, documents and urgent next step, then clarify the scope and cost of any further help. Free police-station advice is available through the official routes below. An initial consultation does not include police-station or court representation, preparing every response, or taking over conduct of the case.
Legal Hotline is not a law firm. The £145 including VAT fee pays Legal Hotline to match you with an independent solicitor and arrange an initial one-hour consultation. The solicitor does not charge an additional fee for that first hour. Further advice, drafting and representation are agreed and priced separately.
Matching and appointment availability must be confirmed, subject to the solicitor’s acceptance and conflict checks. Booking does not suspend a deadline, change bail or arrange attendance at an interview or hearing. Legal Hotline’s free 0800 007 4103 line provides AI-generated general information, not a solicitor’s advice or the duty-solicitor service.
Official help and free legal information
Start with free independent police-station advice when police want to interview you. Court legal aid and earlier advice have separate eligibility and scope rules. Do not assume that a paid arrangement is needed to access public help, or that free police advice guarantees funding for the whole case.
England and Wales — police-station solicitor
Ask police for free independent advice through the own/duty-solicitor route. Official guidance says the duty service is available at any hour.
Scotland — police-station solicitor
Ask police to contact your solicitor or the independent duty solicitor. Official guidance confirms free police-custody advice and a 24-hour duty route.
Northern Ireland — police interview advice
Free advice and assistance is available for a police-station interview concerning a suspected offence. Court legal aid is a separate question.
England and Wales — criminal legal-aid assessment
Current LAA guidance explains means and interests-of-justice requirements, under-18 and benefit passporting, and possible Crown Court contributions. Ask a solicitor about the relevant route.
Scotland — criminal legal aid
Criminal legal aid, when granted, is free. Earlier advice and assistance is a different scheme and may involve payment; ask the solicitor to check eligibility and scope.
Northern Ireland — court legal aid
The court considers means and the interests of justice. A solicitor can help with the application; eligibility and representation are not automatic.
Common questions about UK criminal law
Do I have to pay for a solicitor at a police interview?
Free independent legal advice is available for suspected-offence interviews at a police station through the applicable UK arrangements. Ask police to arrange it and establish whether you are arrested or attending voluntarily. You do not have to pay Legal Hotline to use that route. Court representation and later work have separate funding and eligibility rules.
Should I answer police questions or say no comment?
Get advice on the caution, allegation and evidence before choosing an interview approach. There is no universal answer. England-and-Wales section 34 and Northern Ireland article 3 permit specified inferences from failing to mention a fact later relied on; their solicitor-opportunity safeguards have conditions. Scotland has different rules. Requesting advice is not the same as an instruction to ignore every legal requirement.
Does release on bail mean I will not be charged?
No. Police bail and release under investigation do not establish innocence, guilt or that the investigation is over. Keep the actual return date, conditions and later notices. England-and-Wales pre-charge bail generally starts with a three-month applicable period, or six months in designated FCA, HMRC, NCA or SFO cases, subject to extensions and qualifications. That is not a UK-wide prosecution deadline.
How long do I have to answer a Single Justice Procedure Notice?
For qualifying England-and-Wales cases, Criminal Procedure Rule 24.9(4) uses 15 business days after service of the specified documents. GOV.UK’s public guide says 21 days from the date shown on the notice; the start events and counting rules differ. Check your actual notice’s response date and instructions immediately. If unclear, close or passed, get advice and contact the court promptly. Do not use a rough three-week calculation to postpone responding.
Does a spent conviction disappear from my record?
No. Becoming spent is not deletion. Disclosure can still depend on the jurisdiction, sentence, age, later convictions, role and type of check. England and Wales use DBS guidance, Northern Ireland uses AccessNI, and Scotland has Level 1, Level 2 and PVG arrangements. Keep the sentence documents and check the rules for the actual question or application you must answer.
What does the £145 consultation arrangement include?
£145 including VAT is Legal Hotline’s matching and arrangement fee for an initial one-hour consultation with an independent solicitor, who does not charge an additional fee for that hour. Further work and representation are separate, and matching and appointment availability must be confirmed. The booking does not stop a deadline or vary bail. Free police-station advice is available without this payment; Legal Hotline’s free phone line provides AI information, not solicitor advice.
Sources and update record
Checked on 23 October 2026 against current legislation and official guidance. Northern Ireland’s revised PACE Code C commenced 1 July 2026; the cited Criminal Procedure Rules were current to 5 October 2026. The SJP public-guide/rule wording difference is stated explicitly. This overview does not assess an individual defence, calculate all detention or appeal periods, or cover every youth, cross-border, special-security, sentencing or disclosure exception.
- England and Wales — police-station legal advice
- England and Wales — PACE Code C
- PACE 1984 section 58 — solicitor consultation
- Scotland — police-station legal advice
- Scotland 2016 Act section 32 — interview safeguards
- Scotland section 33 — waiver restrictions
- Northern Ireland — current PACE Code C
- Northern Ireland — PACE article 59
- Northern Ireland — police advice and legal aid
- England and Wales — adverse inferences, section 34
- Northern Ireland — adverse inferences, article 3
- England and Wales — ordinary detention, PACE sections 41–44
- Northern Ireland — ordinary detention, articles 42–45
- Scotland — custody period, section 9
- Scotland — custody extension, section 11
- CPS — charging responsibilities
- CPS — Code for Crown Prosecutors
- COPFS — Prosecution Code
- PPS NI — prosecution decisions
- England and Wales — pre-charge bail period, section 47ZB
- Single Justice Procedure — statutory scope, section 16A
- Criminal Procedure Rule 24.9 — SJP response
- Criminal Procedure Rule 2.2 — time calculations
- GOV.UK — Single Justice Procedure Notices
- England and Wales — courts overview
- Scotland — sheriff courts
- Northern Ireland — Crown Court
- England and Wales — guilty-plea reduction guideline
- DBS — rehabilitation periods
- Disclosure Scotland — spent and unspent convictions
- AccessNI — information disclosed on a criminal record check
- LAA — criminal legal-aid means testing
- SLAB — criminal legal aid
- Northern Ireland — court legal-aid information
- Legal Hotline UK — matching and arrangement service
- Legal Hotline UK — booking
General information only, not legal advice. Updated . Checked against the sources above on 23 October 2026.