If a Family Member Has Been Arrested for Murder or Manslaughter: What to Do Now 

First: You Can Contact a Solicitor (Even if You Are Not the Accused) 

Families often hesitate because they assume only the arrested person can instruct a lawyer. In reality, you do not need to be the suspect to contact a solicitor, and it is rarely “too late” to speak to a specialist team.

In many murder and manslaughter cases, the arrested person is in custody and may be unable to make arrangements or weigh up options properly. Families frequently contact us first, and we can speak with you confidentially and sensitively, explain what is happening, and advise on the next steps.  

If a Duty Solicitor Is Already Acting: Can Anything Still Be Done? 

Yes, frequently. Many people arrested for murder or manslaughter are initially advised by the duty solicitor at the police station. That is entirely normal. But families often assume that once a duty solicitor is involved, nothing can change. That is not always the case.  

Depending on the situation: 

• In some cases, it may still be possible for specialist solicitors to become involved at the police station even if initial advice has already been given (this is sometimes described as a third‑party instruction approach, allowing contact with the police to explore involvement).
• Specialist representation can sometimes be brought in very early, before interview strategy is finalised.  
• Early involvement can influence how the investigation develops, not just how interviews are handled.  

The key point is this: murder and manslaughter are not “standard” criminal cases. They are heavyweight investigations that typically involve complex forensic evidence, long periods in custody, strategic decisions about disclosure and interview approach, and close CPS oversight.  

Why the First Hours Matter So Much in Homicide Cases  

Families often want reassurance, and they also want the best possible representation. Both are true needs.

A calm, experienced team does two things at once: 

1. Protects your loved one’s position immediately (especially around interview, disclosure and evidence). 
2. Gives the family clarity and control, so you are not left panicking in the dark. 

At Olliers Solicitors, we place huge emphasis on client care and personal support, because we know that when the might of the state is bearing down on someone, the family is living through it too.  

The First 24–96 Hours: What Families Need to Know 

Murder investigations move quickly.  The first few days of a murder investigation are often the most important.  

1. Arrest and Detention at the Police Station 

After arrest, the suspect is usually taken to a police station and booked into custody. In murder cases: 

• Detention is often longer than for most offences.  
• Police may conduct multiple interviews.  
• Charging decisions are commonly made in consultation with the Crown Prosecution Service (CPS).  

How long can police keep someone in custody without charge? 

Under the Police and Criminal Evidence Act 1984 (PACE), the standard maximum is 24 hours without charge, with extensions available in serious indictable cases: up to 36 hours with superintendent authority, and up to 96 hours with approval of the magistrates’ court (warrants of further detention).  

This is why urgent legal advice matters: the “custody clock” is running, police interviews may be scheduled quickly, and strategic decisions are often made under pressure. 

2. Interview Strategy and Early Decisions 

What happens, or does not happen, in interview can affect: 

• • the direction of the investigation 
  • whether alternative explanations are explored 
  • how the prosecution later views the case   

People sometimes feel they must “explain everything immediately” to clear things up. In serious cases, that is often where irreversible mistakes are made. 

A detained person has the right to legal advice in police detention, and those in custody must be dealt with fairly and expeditiously under the relevant codes of practice.  

Specialist advice at this stage is critical, even if a duty solicitor is already involved. 

3. Charging Decision 

If the CPS authorises a charge, the offence will usually be either murder or manslaughter. Families often find out very suddenly.  

At that point, the focus shifts immediately to court proceedings and to building a defence strategy that is properly resourced from the start.  

4. First Court Hearing – Magistrates’ Court 

A person charged with murder will have an initial appearance in the Magistrates’ Court before the case is sent to the Crown Court (murder is an indictable‑only offence meaning it has to be sent to the Crown Court).  

Bail in murder cases is exceptional and tightly controlled. In particular, the power of magistrates to grant bail in murder cases has been removed; a person charged with murder may not be granted bail except by order of a Crown Court judge.  

Families should therefore be prepared for the likelihood that custody will continue at the outset, even while the legal team begins building the case.  

5. Crown Court Hearing (Early Stages) 

At the early Crown Court hearings, the court will set timetables and case management directions, including the timetable for service of evidence and trial preparation.  

From this point onwards, murder cases become highly procedural and evidence‑heavy. Early representation by an experienced homicide defence team can make a real difference to how the case is prepared and presented.  

What Families Can Do Immediately (and What You Should Avoid) 

When emotions are running high, it is easy to do something well‑intentioned that later causes problems. Here is clear guidance. 

What you can do right now 

• Get specialist advice early. Even a short call can clarify what is happening and what is realistic in the first 24 – 96 hours.  
• Write down key details while they are fresh (times, locations, who said what, who was present). Don’t speculate – just record facts. 
• Gather practical information that may help (medication needs, vulnerabilities, mental health history, contact details for key family members), to share privately with the defence team. 
• Support your loved one emotionally, carefully. If you are permitted contact, keep it calm, and avoid discussing the allegations.

What families should not do (without legal advice) 

Families should avoid: 

• discussing the case with anyone outside the defence team 
• posting about it on social media or in family group chats 
• attempting to contact witnesses or “clear things up” directly 
• trying to investigate events yourself  

Even innocent actions can be misinterpreted or can create avoidable risks. We can give clear, practical guidance tailored to your situation. 

Changing Solicitors After Charge: Is It Possible? 

Often, yes. If your loved one is charged and continues to be represented by the solicitor who advised them at the police station, it is often possible to change representation (subject to criteria and practical considerations).  

In serious cases such as murder and manslaughter, changing representation is common. What matters most is that: 

• The defence is properly resourced 
• The solicitor has genuine experience of murder and manslaughter cases 
• Strategic decisions are made early, not months down the line 

If you have concerns, act swiftly. In murder cases, early decisions can shape the entire case.  

Why Choose Olliers Solicitors for Murder & Manslaughter Defence? 

Families facing an allegation of murder want two things that must come together: 

• the best possible defence, delivered by specialists 
• genuine care, clarity and support, because this is a family crisis, not a paperwork exercise 

Here is what defines Olliers Solicitors: 

Proactive: We Take Control Early 

We don’t wait for events to unfold – we take control. As experts in pre‑charge representation, we focus wherever possible on preventing matters escalating and on building a robust strategy from day one.  

Specialist: Experts, Not Generalists 

When everything is on the line, you need experts, not generalists. We are a nationally recognised criminal defence specialist firm, and our lawyers have niche sub‑specialisms so we can match each client with the right lead solicitor for the case.  

Premium: This Decision Matters 

For anyone facing a murder allegation, the choice of legal team is one of the most important decisions they will ever make. Families often tell us they want the reassurance of knowing they have invested in the best defence available.  

Safe Hands: Proof, Not Promises 

We are ranked “Top Tier” by the Legal 500 and the Chambers Guide, and we are a Times Best Law Firm 2026. We won Crime Team of the Year at the Manchester Legal Awards in 2025 for the eighth time since 2011.  

Our Managing Director, Matthew Claughton, is the 2023 Legal 500 Northern Powerhouse Criminal Lawyer of the Year. Eight of our lawyers are singled out for mention by the Legal 500.  

Client Care: You Are Not “Just a Case” 

You’re not a case. You’re a person facing a very serious situation. We treat every client as an individual, and we are known for being approachable, non‑judgemental, and genuinely invested in our clients’ wellbeing.  

Where a loved one is in custody, we combine specialist case preparation with genuine support: regular contact, careful evidence analysis, and a defence approach built to withstand pressure.  

Nationwide Coverage  

We represent individuals across England and Wales. You do not need to use a local solicitor, families can instruct the firm they trust, wherever the police station or court is located. While our main office is in Manchester, our London office (Berkeley Square, Mayfair) is available to all clients.  We are available 24 hours a day, 365 days a year, and provide nationwide coverage. 

Frequently Asked Questions for Families