What Is a Duty Solicitor, and Are They Any Good? A 2026 UK Guide

If you have just been arrested or are about to appear in a Magistrates' Court, you have a legal right to free advice from a duty solicitor. Whether you should use that duty solicitor or instruct a private criminal defence firm depends on the seriousness of the case, the time you have, and what you actually want from the representation.

This guide explains how the duty solicitor scheme works in 2026, what duty solicitors will and will not do for you, and how to decide between a duty solicitor and a private solicitor for your criminal defence.

In brief: a duty solicitor is an independent criminal defence solicitor, funded by the Legal Aid Agency, who provides free legal advice and representation to anyone held for questioning at a police station or appearing for the first time at a Magistrates' Court without their own solicitor. Anyone, regardless of their financial situation, is entitled to use a duty solicitor.

Duty solicitor vs private solicitor: at a glance

What is a duty solicitor?

A duty solicitor is an independent criminal defence solicitor from a local law firm who is on a rota to provide free legal advice to anyone arrested or held for questioning at a police station, or appearing without representation at a Magistrates' Court for the first time. They do not work for the police, the courts, or the Crown Prosecution Service (CPS). They work for you, under the same professional and regulatory duties as any other solicitor regulated by the Solicitors Regulation Authority.

To act as a duty solicitor in England and Wales, a qualified solicitor must hold accreditation under the Law Society's Criminal Litigation Accreditation Scheme. That requires passing the Police Station Qualification (PSQ) and the Magistrates' Court Qualification (MCQ), among other assessments, and renewing accreditation periodically.

How does the duty solicitor scheme work?

The duty solicitor scheme is the official rota system that allocates accredited criminal defence solicitors to police stations and Magistrates' Courts across England and Wales. It is funded by the Legal Aid Agency and governed by the Duty Solicitor Guidance (Version 3, effective 1 October 2025).

There are two distinct schemes:

• The police station scheme. Anyone detained or interviewed under caution can request the duty solicitor through the Defence Solicitor Call Centre (DSCC). The DSCC takes the call from the custody sergeant and either passes the case to the duty solicitor on the rota for that area or, for less serious matters, routes it to telephone-only advice through Criminal Defence Direct.
• The court duty scheme. A duty solicitor attends each Magistrates' Court and represents defendants who arrive without their own solicitor for their first hearing.

You do not select the duty solicitor; the rota does. If you want a specific solicitor or firm, ask for them by name when you arrive at the police station or court, and the custody sergeant or court clerk will contact them on your behalf.

Are duty solicitors free in the UK?

Yes. Free legal advice from the duty solicitor at the police station is universal. There is no means test, no qualifying income threshold, and no paperwork to complete. It is paid for by the Legal Aid Agency regardless of your financial circumstances.

At the Magistrates' Court, the picture is more nuanced:

• The duty solicitor's first-hearing advice is free for everyone.
• Continuing legal aid for the remainder of a case requires both a means test (your income and capital) and an interests-of-justice test (the seriousness of the offence and the likely consequences of conviction).
• For matters that go to the Crown Court, legal aid is available subject to means; a contribution may be required.

If you do not qualify for legal aid, you can still instruct a private solicitor and pay privately. Please contact us for an outline of how private representation is costed.

How do I get a duty solicitor?

At the police station

When you arrive in custody, the custody sergeant must inform you in writing of three rights: the right to free legal advice, the right to have someone informed of your detention, and the right to consult the PACE Codes of Practice. You can ask for a duty solicitor at this stage.

If you would prefer a specific firm with specialist expertise, name them. The custody sergeant will call that firm instead. JD Spicer Zeb operates a 24-hour police station response service across London, Birmingham, and Manchester; you can ask for us by name on 020 7624 7771 or, in an emergency, 07836 577 556.

At the Magistrates' Court

There are two routes:

• Call the court before the hearing. Ring the court the day before and ask for the duty solicitor scheme to be notified that you will need representation. Bring proof of identity and any paperwork from the police or the court. This is unlikely to get you seen any faster.
• Speak to the court usher on arrival. The duty solicitor is normally available in or near the court office on the morning of the hearing. You will be added to the duty solicitor's list and seen in turn before your case is called.

If you have been charged with a serious offence, you should arrange representation at the earliest opportunity. Contact a private solicitor as soon as possible after charge, so the firm can review papers, take instructions, and prepare properly. See our guidance on what to expect in police custody for what happens between arrest and the first hearing.

Are duty solicitors any good? An honest answer.

Duty solicitors are qualified, accredited, and bound by the same professional duties as any other criminal defence lawyer. Many of the country's leading criminal defence partners began their careers on the duty rota and still take duty calls.

That said, the scheme faces structural pressures that the public should understand before deciding.

Where the scheme works well

• For straightforward summary matters (low-level public order, minor theft, road traffic offences), a duty solicitor can offer fast, free, and competent representation.
• The qualification standard is genuine. The PSQ and MCQ are demanding, and accreditation is renewable.
• For first-stage advice during a police station interview, the duty solicitor will protect your rights and stop the interview if it goes off course. This is the single most valuable point in any case to have a solicitor present.

Where the scheme has structural weaknesses

The Law Society has formally warned of a growing crisis in the criminal duty solicitor profession, driven by historic underfunding, an ageing workforce, and the closure of legal aid firms across England and Wales. In practice, that means:

• Allocation is by rota, not by case fit. You may be allocated a solicitor whose specialism is unrelated to your charge.
• Many Duty Solicitors come to court late without sanction and have less time to help as a result.
• The standard of some, not all, advocates is very poor and they slip through the net and stay on the Rota.
• Time per case is short. Duty solicitors typically juggle several detainees and court matters in parallel during a single duty session.
• No to little case prior preparation. The duty solicitor meets you cold; they have not seen your phone, your business records, or any documents that might help your case at the interview.
• Some categories of work are awkward fits. Complex fraud, sexual offences, large-scale conspiracy, and corporate matters are typically too document-heavy for a duty solicitor to absorb in the time available.
• Continuity is rarely guaranteed. A different duty solicitor (or duty barrister) may pick up the case at the next stage.
• The fixed-fee structure rewards turnover. Legal Aid Agency fees are paid per case rather than per hour, which puts pressure on the time spent.
• Coverage is thinning. In some regions, the duty rota is now staffed by a small number of ageing practitioners with no replacement pipeline.

If you face a serious allegation, an investigation likely to last months, or a charge that could result in custody or a regulatory consequence (loss of professional licence, immigration impact, bar to working with children), these structural weaknesses matter. A private firm that takes the case from start to finish will know your file from day one.

Can I choose my duty solicitor, or change to a private firm later?

You cannot choose which duty solicitor is allocated to you on the rota. You can, however:

• Ask for a specific firm or solicitor by name at the moment of arrest or arrival at court. They will be contacted instead of the duty solicitor.
• Switch from the duty solicitor to a different firm (including a private firm) at any point, by signing a Notice of Change of Solicitor or approaching another firm.
• Move from a duty solicitor at the Magistrates' Court to a different firm for trial or for committal to the Crown Court. Ask the Duty solicitor not to apply for legal aid for you.

For the mechanics, see our guide to changing your solicitor mid-case.

How much do duty solicitors get paid?

Duty solicitors are paid at the police station by the Legal Aid Agency under fixed-fee schemes, not by the hour. Court duty work is paid on a separate scale.

Solicitors at private firms typically subsidise their duty rota work with privately funded cases, because the effective hourly rate on legal aid has not kept pace with overheads. The Law Society's ongoing campaign on criminal duty solicitor numbers documents the impact this has had on coverage in some regions.

When you should instruct a private solicitor instead

Consider a private criminal defence firm from the outset if any of the following apply:

• You have been arrested for a serious offence (sexual offence, serious violence, large-scale fraud, conspiracy, drug supply at scale).
• Your case involves voluminous digital or documentary evidence (phone downloads, business records, financial transactions).
• A conviction would have collateral consequences (loss of licence, immigration consequences, professional disciplinary risk, DBS impact).
• You want continuity from the interview through to trial with a single named solicitor.
• You have been bailed under investigation and want to put a defence case in writing pre-charge.
• You face a private prosecution rather than a CPS prosecution.

If your case meets any of those tests, call 020 7624 7771 to speak to a member of our criminal defence team. We answer 24 hours a day.

Frequently asked questions

Is a duty solicitor free at the Magistrates' Court?

Yes, for your first hearing. The duty solicitor at the Magistrates' Court provides free advice and representation on the day of your first appearance, regardless of your income.  The case usually has to be one which carries imprisonment. Continuing representation after that hearing requires a separate legal aid application, which is means tested.

Do duty solicitors work for the police?

No. Duty solicitors are independent of the police, the courts, and the Crown Prosecution Service. They are private-sector criminal defence lawyers paid by the Legal Aid Agency to attend on a rota. Their professional duties run to the client, not the state.

Can I get a duty solicitor at the Crown Court?

There is no Crown Court duty scheme equivalent to the Magistrates' Court scheme. By the time a case reaches the Crown Court, you are expected to have a solicitor on record. If you do not, the court will adjourn to allow you to instruct one and will normally direct you towards legal aid.

How long does a duty solicitor have for my case?

There is no fixed time, but in practice, a police station consultation lasts 10 to 30 minutes to an hour, depending on the offence. Court duty solicitors typically have 10 to 20 minutes to take instructions before a case is called.

Can I change my mind and use a duty solicitor after instructing a private firm?

Yes. You can sign a Notice of Change of Solicitor at any stage. If you have already received privately funded advice, the duty solicitor at the next hearing can pick the case up; the file will need to be transferred.

Contact our criminal law defence solicitors today

For urgent specialist advice, immediate representation, or to speak to us confidentially about a potential criminal charge or prosecution, please do not hesitate to get in touch.

You can contact our specialist criminal defence lawyers in London, Birmingham and Manchester by telephone on:

• London Central - Head Office: 020 7624 7771
• West Hampstead Office: 020 7624 7771 
• Manchester Office: 0161 835 1638
• Birmingham Office: 0121 614 3333

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you quickly.

24/7 legal representation for criminal defence proceedings

Please get in touch for a free consultation with one of our expert criminal defence solicitors, as well as immediate representation and advice for the allegations you may be facing.

We are available to represent clients all over England and Wales at any time, so please contact our Emergency Number at 07836 577 556.