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Yes — in all EU countries you have the right to legal representation from the moment of arrest. You also have the right to an interpreter if you do not speak the local language.
Contact an English-speaking criminal defence lawyer immediately. Do not answer police questions without a lawyer present.
Browse our verified directory of law firms across United Kingdom's major cities. All listed firms offer English-language legal services to expats and foreign nationals.
Find My Lawyer in 60 SecondsCriminal procedure in England and Wales is governed principally by the Police and Criminal Evidence Act 1984 (PACE) and its Codes of Practice (A–H), the Prosecution of Offences Act 1985 (establishing the Crown Prosecution Service), the Criminal Procedure Rules 2020 (SI 2020/759), and the Sentencing Act 2020. Scotland has a separate system (Criminal Procedure (Scotland) Act 1995); Northern Ireland uses PACE as modified.
| Right | PACE Provision | Detail |
|---|---|---|
| Right to legal advice | s.58 PACE | Free, immediate, in person or telephone; duty solicitor via Defence Solicitor Call Centre (DSCC). Cannot be delayed except in limited s.58(8) circumstances. |
| Right to silence / caution | PACE Code C para 10.5 | Standard 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." |
| Detention without charge | ss.41–44 PACE | Initial: 24 hours; Superintendent extension: up to 36 hours; Magistrates' warrant: up to 96 hours (4 days). Terrorism (TACT 2000): up to 14 days. |
| Right to have someone informed | s.56 PACE | One person notified of arrest as soon as practicable; can be delayed up to 36 hours if indictable offence. |
| Interpreter | PACE Code C para 13.2 | Free interpreter for all interviews and legal advice consultations if suspect does not speak/understand English adequately. |
| Appropriate adult | PACE Code C para 1.7 | Required for suspects under 18 or with mental vulnerability; must be present for interviews. |
| Medical attention | PACE Code C para 9.5 | Custody officer must summon healthcare professional if requested or if injury/illness apparent. |
| Court | Jurisdiction | Maximum Sentence | Appeal Route |
|---|---|---|---|
| Magistrates' Court | Summary offences; either-way offences (lower value/gravity) | 6 months (single offence); 12 months (2+ either-way) | Crown Court (rehearing) or Divisional Court (case stated) |
| Youth Court (Magistrates') | Offenders under 18 | 24-month Detention and Training Order | Crown Court |
| Crown Court | Indictable offences; either-way offences committed for trial | Life imprisonment (murder, manslaughter, rape, etc.) | Court of Appeal (Criminal Division) |
| Court of Appeal (Criminal Division) | Appeals against conviction/sentence from Crown Court | N/A (reviews lower court) | Supreme Court (point of law of general public importance) |
| Supreme Court | Final appeal; must certify point of law | N/A | European Court of Human Rights (ECHR, non-domestic) |
Criminal legal aid is administered by the Legal Aid Agency (LAA) under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). At the police station: free to all regardless of means (Duty Solicitor Scheme). At Magistrates' Court: means and interests of justice test (Interests of Justice Test — IOJ criteria include real risk of custody, likely complex defence, inability to understand proceedings). At Crown Court: means-tested (gross income threshold £37,500 — adjusted for partners and children); passported if on certain benefits. Defendants who are acquitted may recover reasonable defence costs from central funds.
| Offence | Starting Point (medium culpability) | Sentencing Council Guideline |
|---|---|---|
| Theft (shop, £200–£1,000) | Band B fine or low-level community order | Magistrates' Court Sentencing Guidelines 2024 |
| Common assault (ABH minor) | Medium-level community order | Assault guidelines 2021 |
| Actual Bodily Harm (s.47 OAPA 1861) | 26 weeks custody (starting point) | Assault guidelines 2021 |
| Grievous Bodily Harm (s.20 OAPA 1861) | 18 months custody | Assault guidelines 2021 |
| Fraud by false representation (£10k–£100k) | Category 2: 18 months – 3 years | Fraud guidelines 2014 |
| Drug supply (Class A, street) | 4.5 years (street dealer); 7 years (county lines) | Drug offences guidelines 2021 |
Defendant charged with s.18 GBH with intent (OAPA 1861) — maximum sentence: life imprisonment. Represented by solicitor under Crown Court legal aid. Custody threshold clearly met. Defence: lack of intent (s.18 vs s.20); psychiatric evidence of PTSD. Trial lasted 5 days. Convicted of lesser s.20 GBH. Sentencing: starting point 4 years (Category A culpability, Category 1 harm per Sentencing Guidelines); mitigated by guilty plea (at trial, 0% reduction per the Sentencing Council's definitive guideline on guilty pleas) and mental health. Sentence: 3 years 6 months. Defence legal aid costs paid by LAA: approximately £28,000.
