Being arrested or detained by the police is a frightening and stressful experience. Understanding your rights under Scots law is essential. This guide explains what happens when you are arrested or detained in Scotland, what your legal rights are, and why you should always contact a solicitor as soon as possible.
Detention vs Arrest in Scotland
Scots law distinguishes between detention and arrest. Under section 14 of the Criminal Procedure (Scotland) Act 1995, a police officer may detain a person for up to 12 hours (extendable to 24 hours in certain circumstances) if they have reasonable grounds to suspect that person has committed or is committing an offence. Detention does not require a warrant. Arrest occurs when the police charge you with a specific offence and you are taken into custody. Both detention and arrest give you important legal rights.
Your Right to a Solicitor
If you are detained or arrested, you have an absolute right to have a solicitor present before and during any police interview. This right cannot be waived. You should ask for a solicitor immediately and decline to answer any questions until your solicitor has arrived and advised you. The police must delay questioning until your solicitor is present. If you do not have a solicitor, the police will contact the duty solicitor on your behalf through the Scottish Legal Aid Board’s Criminal Advice and Assistance scheme.
The Right to Remain Silent
You are not required to answer questions during a police interview beyond providing your name and address when asked. You have the right to remain silent. While the police may caution you that anything you do say may be used in evidence, you should always take legal advice before deciding whether to speak. Making statements without legal advice can seriously prejudice your position, even if you believe you have nothing to hide.