What are third party instructions?
A third party instruction is simply a request, made by someone other than the person in custody, for a solicitor to attend and represent a detained person at the police station. The request usually comes from a worried relative or friend, but it can come from anyone who knows the detained person and wants them to have legal advice.
It is important to understand what a third party can and cannot do. You can ask us to attend, and we will. But the solicitor–client relationship is with the detained person alone. Once we meet them in private, only they can give us instructions, and only they can decide how to proceed. Your role is to make the first call — and it can make all the difference.
People ask us to act on behalf of a detained person for many reasons: the detained person is frightened and has no solicitor, they were arrested out of hours, they asked for us by name and the family is contacting us on their request, or they are vulnerable and need someone to ensure their rights are protected.
Who can ask us to attend
- A partner, spouse or family member of the detained person
- A parent or guardian of a child or young person in custody
- A friend or colleague who knows the detained person
- An employer, particularly where the matter may affect their work
- A social worker, appropriate adult, or support worker acting on the detained person's behalf
- The detained person themselves, who has asked a third party to call us
What we need from you when you call
When you contact us, the more you can tell us the faster we can act. We will ask for the detained person's full name and, if known, their date of birth, the police station where they are being held, the offence (if you know it), and any custody reference or arrest details you have. If you do not know all of this, do not worry — tell us what you do know and we will make enquiries to locate them.
We will also take your name, your relationship to the detained person, and a contact number so we can keep you updated on what we are able to do. We will explain at the outset what we can and cannot share with you, because the detained person's instructions and the case are confidential to them.
If the detained person specifically asked for ASA Solicitors by name, tell us that too. A person in custody has the right to the solicitor of their choice under PACE, and naming us helps the custody officer contact the right firm without delay.
What happens when we attend
Once we are instructed to attend, our duty solicitor goes to the police station as a matter of priority, day or night. We ask the custody officer to note our attendance and we request to speak with the detained person in private. The police will ordinarily allow this before any interview takes place.
In that private consultation we explain who we are, that a third party has asked us to attend on their behalf, and that the advice is free and confidential. The detained person then decides whether they wish us to act for them. They are under no obligation to accept our representation, and if they would prefer the duty solicitor or another firm, we respect that choice.
If they do wish us to act, we take their account of events, obtain disclosure from the police about the allegation, and agree how to approach the interview. We then sit with them throughout questioning, protect their rights, and advise on the outcome — charge, bail, release under investigation, or no further action.
Confidentiality and what we can share with you
Solicitors owe a strict duty of confidentiality to their client. The client is the detained person, not the third party who called us. This means we cannot discuss the substance of the case, the detained person's instructions, or the evidence with anyone else — including a family member — without the client's express consent.
What we can do is confirm that we have attended, that the detained person is receiving advice, and (with their consent) pass on general messages or reassure you about the process. If the detained person asks us not to share information, we must respect that, even with close family. This can feel difficult, but it protects the client's rights and is a core part of what it means to have independent legal advice.
After release, the client remains in control of their own case. If they want family involved in the ongoing defence, they can authorise us to speak with you; if they prefer to keep it private, that is their right. We will always act on the client's instructions.
Children, young people and vulnerable adults
If the person in custody is under 18, or is a vulnerable adult, special protections apply. An appropriate adult must be present during the custody process and interview, and the young person has the same right to free legal advice as an adult. Parents and guardians are often asked to act as the appropriate adult themselves.
We work closely with parents and appropriate adults to make sure a young or vulnerable person understands what is happening and that their rights are protected. We explain the process in plain language, advise on interview strategy, and ensure the police follow the heightened safeguards that apply to children and vulnerable detainees under PACE Code C.
If your child or a vulnerable relative has been detained, contact us immediately. Early advice is especially important for young people, where what is said in interview can shape the whole case and the young person's future.
Cost — advice at the police station is free
Legal advice at the police station is free to the detained person under the statutory advice scheme, regardless of income. There is no charge to you for asking us to attend, and no charge to the detained person for our representation at the police station. Asking for a solicitor cannot be used against them.
If the case progresses beyond the police station — to court proceedings — we will advise on funding, including Legal Aid and private options, at that stage. For the police station itself, the advice is free, and we will say so plainly so money is never a reason to go without representation.
Frequently asked questions
You can ask a solicitor to attend and represent a detained person at the police station, and we will act on that request. Strictly, the solicitor's client is the detained person themselves, so once we meet them in private they decide whether to accept our representation. Your call is what gets us there — and it is often the most important step you can take.
No. The detained person is entitled to their own choice of solicitor under PACE. When we attend we explain that you have asked us to act, and the detained person then decides whether they wish us to represent them. If they would prefer the duty solicitor or another firm, we respect that. We never impose representation on anyone.
Tell us everything you do know — the person's name, when and where they were arrested if you have it, and any details you have. We can make enquiries through the police and custody system to locate them. The sooner you call, the sooner we can trace them and arrange attendance before any interview.
Only with the detained person's consent. We owe a duty of confidentiality to our client, who is the person in custody, not the third party who called us. We can confirm that we have attended and that the person is receiving advice, and with their consent we can pass on general updates or messages. If the client asks us not to share information, we must respect that, even with close family.
No. Legal advice at the police station is free under the statutory advice scheme, regardless of income. There is no charge to you for calling us, and no charge to the detained person for our representation at the police station. Asking for a solicitor cannot be used against the detained person.
Yes. For a person under 18, or a vulnerable adult, an appropriate adult must be present during the custody process and interview, and parents are often asked to take that role. We work closely with parents and appropriate adults to ensure the young or vulnerable person understands what is happening and that the heightened safeguards under PACE Code C are followed.
Call us on 07752 20 30 40 straight away, any time of day or night. Have the detained person's name, date of birth if you know it, the police station and the offence ready if you can. Tell us who you are and your relationship to them. We will take it from there, arrange attendance, and act to protect their rights from the earliest stage.