Difference Between a Duty Solicitor and a Post-Charge Solicitor

When someone is arrested or charged in England or Wales, things can feel chaotic fast. You might hear terms like “duty solicitor” or “post-charge solicitor” tossed around. What they really mean, and when each step in, is important to grasp. Here’s how we see it, drawing on practice, statute, and what happens in real life.

Understanding Duty Solicitor vs Post-Charge Solicitor

Before diving straightaway into the topic—duty solicitor vs. post-charge solicitor—let’s boil it down to the fundamentals.

Think of a duty solicitor as your legal first responder. The professional is part of a state-funded scheme (through legal aid) whose work is to ensure your rights are defended at the earliest possible moment.

By contrast, a post-charge solicitor is the lawyer who takes over once you have been formally charged. This legal expert acts as your advocate throughout the criminal process: case review, representation and court work.

In short, duty solicitors help when the system is closing in. Post-charge solicitors help pick it apart.

What a Duty Solicitor Does and Why It Matters

Arrest and Police Station Duty Solicitors

When the police arrest you, you have a right to free legal advice at the station. That is the duty solicitor’s domain.

• They attend interviews, either in person or by phone.
• They explain your rights (silence, legal advice, etc.).
• They spot questions that may prejudice your case later.

Once you have asked for legal advice, the police cannot question you until it’s provided. There is an exception, though, in limited, senior-approved cases.

You seldom choose the duty solicitor in advance. The police or the Defence Solicitor Call Centre will assign one.

Court Duty Solicitors

Once charged, if you lack the legal assistance of a solicitor, a duty solicitor steps in at your first magistrates’ court appearance. However, this help is limited:

• Only available in magistrates’ court (not Crown Court).
• Only for the initial hearing, unless special circumstances.
• Sometimes not available, depending on how serious the charge is or whether you can afford your own.

Also, to serve as a duty solicitor, a solicitor must meet accreditation requirements. They are often the Criminal Litigation Accreditation Scheme (CLAS).

The scheme is governed by the Standard Crime Contract and has compliance rules (including “engaged requirements” for duty solicitors) to avoid “ghost” duty slots.

What Does a Post-Charge Solicitor Do?

Once charges are laid, the game changes. The process moves from damage control to planning and from reaction to proactive action.

Discover what a post-charge solicitor takes care of:

• Case review & evidence check. They evaluate all of the Crown's disclosures, looking for holes or discrepancies and challenging admissibility.
• Written representations. They may ask the Crown Prosecution Service (CPS) to withdraw or reduce charges based on the Evidential Test and the Public Interest Test.
• Court appearances. Bail hearings, preliminary hearings, adjournments, and plea hearings.
• Trial preparation. They engage experts, gather independent reports and organise witnesses.
• Advocacy in court. Advocate your position during trial; push for the best possible verdict or sentence.

Holborn Adams describes post-charge representation as persuading the CPS or court that a case should not proceed, or at least be weakened.

In short, the post-charge solicitor is your long game. The legal expert is the one who carries the case forward.

Key Differences That Catch People Off Guard

It’s worth noting that sometimes the duty solicitor stays on as your post-charge lawyer, if you like him/her and if the individual accepts the work. You are seldom compelled to switch.

Legal Framework & Pressure Points

• The Legal Advice and Representation (Duty Solicitor) (Remuneration) Regulations 1983 set out how duty solicitors claim payment from the Law Society
• The Standard Crime Contract’s “Section 6” requires duty solicitors to be genuinely engaged (not just names on paper)
• Duty solicitor rotas are published by the Legal Aid Agency
• There’s mounting strain on legal aid and duty solicitors. Many are leaving, rates are low, and it’s harder to sustain the work

Due to this pressure, in many places the number of available duty solicitors is shrinking. That implies gaps in the system and, for you, less fallback.

When the Lines Blur: Real-World Scenarios

Imagine: you are arrested late at night. A duty solicitor shows up at the station, takes notes, and ensures the interview is fair. On day two, you are formally charged. You are told that a duty solicitor can represent you at your first court hearing. However, you would rather hire a specialist. That shift is natural.

Another scenario: the duty solicitor handles your first appearance but then says, “We can’t take your case on—we’ll pass you to a full-service criminal defence firm.” That’s quite common in more complex or serious cases.

One more: the duty solicitor stays your lawyer and transitions into a post-charge role, and you never notice a break in representation (if they are competent and have the capacity).

Why the Difference Matters to You

It’s because timing is everything.

If the police ask you questions without a solicitor present, things can go wrong fast: self-incrimination, misinterpretation and procedural missteps. A duty solicitor stops that. Once you are charged, your defence needs continuity, strategy and creativity. That is the post-charge solicitor’s job.

If you skip understanding this divide, you may end up stuck with a duty lawyer barely able to carry you past the first hearing. In the worst cases, you fail to understand when to switch to a full-service solicitor.

When we advise clients, we stress: early and qualified representation makes a difference. You do not want to depend on the goodwill of a solicitor under financial strain.

Duty Solicitor vs. Post-Charge Solicitor: Final Thoughts

At their core, the duty solicitor and post-charge solicitor serve different phases of the criminal justice process. One is the quick intervention at arrest and the first hearing. The other is the sustained advocate who carries your case through court and trial.

The phrase ‘duty solicitor vs post-charge solicitor’ captures that transition, the pivot from immediate defence to deep strategy.

If you are facing arrest or are already charged, understanding which solicitor you are dealing with and when is vital. It helps you ask the right questions: “Is this help just for the short term?” or “Can we go deeper?”

We have seen how the system leans hard on duty solicitors, how legal aid is strained and how expectations must shift. We have also seen what a committed post-charge team can do.