What Is a Duty Solicitor? — UK Criminal Defence Glossary
A duty solicitor is a criminal defence solicitor on the duty solicitor rota who provides free legal advice and assistance to suspects detained at police stations and to defendants appearing at magistrates' courts. In England and Wales, the duty solicitor scheme is funded by the Legal Aid Agency and ensures access to legal advice for anyone detained by the police.
Detailed explanation
The duty solicitor scheme exists to ensure that every person detained at a police station or appearing at a magistrates' court has access to free, independent legal advice — regardless of their financial circumstances. The scheme is a cornerstone of the criminal justice system in England and Wales, reflecting the right to legal advice enshrined in section 58 of PACE and Article 6 of the European Convention on Human Rights.
Duty solicitors are experienced criminal defence solicitors who meet the LAA's eligibility requirements and are placed on a rota managed by the Legal Aid Agency. When a suspect requests a duty solicitor at the police station, the Defence Solicitor Call Centre (DSCC) contacts the next available solicitor on the rota. The duty solicitor then attends the station (or provides telephone advice, depending on the circumstances) and advises the suspect.
The duty solicitor's obligation is to the client, not to the police or the court. They provide independent advice on the same basis as a privately instructed solicitor. The work is publicly funded, and the solicitor claims payment from the Legal Aid Agency under the police station fixed fee scheme.
When practitioners encounter the duty solicitor scheme
Criminal defence solicitors participate in the duty solicitor scheme as part of their legal aid contract obligations. Firms holding a Standard Crime Contract are expected to contribute to the rota. The rota operates 24 hours a day, 7 days a week, and duty solicitors may be called at any time. Weekend, bank holiday, and overnight shifts are a routine part of police station practice.
For suspects, the duty solicitor is often their first point of contact with the legal system. The quality of the advice given at this stage can significantly affect the outcome of the case — whether the suspect answers questions, gives a prepared statement, or makes no comment; whether bail conditions are challenged; and whether representations are made to the custody officer about detention.
How duty solicitor work relates to attendance notes
Duty solicitor attendances generate the same attendance notes as own-client work. The note must record the same details: call-out time, disclosure, consultation, interview, advice, and billing data. The key difference is that the client is new to the firm — there is no existing file, no prior instructions, and no established relationship. The attendance note is the foundation of the new client file.
For billing purposes, duty solicitor work is claimed under the same fixed fee scheme as own-client work, but the CRM must record that the attendance was a duty call. The DSCC reference number should be included in the attendance note, as it links the attendance to the rota allocation and is required for billing.
Key points to record
- DSCC reference number
- That the attendance is a duty solicitor call (not own-client)
- Time of DSCC notification and time of arrival at station
- Client details, custody record number, and offence(s)
- Disclosure received and from which officer
- Consultation summary — instructions and advice given
- Interview attendance and summary
- Post-interview advice and outcome
- Whether the client wishes to instruct the firm going forward
- Time breakdown for billing (travel, waiting, attendance)
Related terms
- Police station representative — an accredited person who may attend on behalf of the duty solicitor
- Attendance note — the record created at every attendance
- Legal aid attendance note — the note supporting the billing claim
- PACE interview — the formal interview under caution
Frequently asked questions
Can a suspect choose which duty solicitor attends?
No. The duty solicitor is allocated by the DSCC from the rota. If a suspect wants a specific solicitor, they should request their own solicitor rather than the duty solicitor. A suspect who initially requests the duty solicitor can change to their own solicitor at any point, and vice versa. The attendance note should record which type of instruction the attendance falls under, as this affects the billing claim.
Can a duty solicitor send a representative instead of attending personally?
Yes. A duty solicitor may send an accredited police station representative to attend on their behalf, provided the representative is properly accredited and supervised in accordance with the Standard Crime Contract. The attendance note must record the representative's name and accreditation status, and the supervising solicitor must be identified. Probationary representatives may only attend under direct supervision.
How is duty solicitor work paid?
Duty solicitor police station work is paid under the legal aid fixed fee scheme, the same as own-client police station work. The solicitor claims through the monthly Submit a Bulk Claim process. The DSCC reference number must be included in the claim. Escape fees apply where the work exceeds three times the fixed fee threshold, but the attendance note must contain a detailed time breakdown and complexity narrative to support any escape fee claim.
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