If you are suddenly arrested by the police in Scotland, it can feel as though everything has spun out of your control. You may be worried about what you say, where you will be kept, and whether you will be released or charged. This article walks you through your key rights in custody, the powers of arrest the police have, and the practical steps you can take to protect yourself – including when to speak to a solicitor at The Glasgow Law Practice for calm, realistic advice tailored to your situation.
What does it actually mean to be under arrest by the police?
When you are under arrest, the police powers being used allow officers to control where you go and what you do because they reasonably suspect you of a criminal offence. In modern Scots law, the Criminal Justice (Scotland) Act 2016 replaced the old distinction between “detention” and “arrest” with a single statutory power to arrest, so if you are stopped and held, you should be clearly told that you are under arrest and why. For many people, this comes as a shock, especially if they have never had any contact with the criminal justice system before.
In practice, you will usually be taken to a police station after an arrest so that a more detailed investigation can take place. You might be “not officially accused” at first (still a suspect rather than formally charged with a crime), but you will still have a set of core human rights in custody, including the right to get legal advice and to be told what is going on in a way you can understand. The Glasgow Law Practice regularly advise clients at this stage, helping them understand what’s happening and avoid common mistakes that could be used later as evidence in court.
When can the police arrest you – and do they need a warrant?
The police powers to arrest in Scotland are mainly set out in the Criminal Justice (Scotland) Act 2016. In many cases, a police officer has the power to arrest you without a warrant if they reasonably suspect that you have committed, are committing, or are about to commit a crime, and that arrest is necessary – for example, to properly investigate, prevent further offending, or stop you disappearing before you can be spoken to. This is sometimes called a “statutory power of arrest”, and it must be used proportionately and lawfully.
In other situations, especially in more complex or historic cases, the police may seek a court order or warrant to bring you in to a police station. There are also specific statutory powers linked to things like breach of an interdict or certain public order offences. Whatever route is used, the police must act in a way that is reasonably necessary and proportionate to the circumstances, and any power they rely on can later be scrutinised in court if a defence solicitor challenges whether the arrest was justified. If you are unsure whether the police arrest was lawful, that is exactly the sort of issue The Glasgow Law Practice can explore with you.
What should the police tell you at the time of arrest?
If you are arrested, the police must tell you certain basic information so that you can properly exercise your rights. That will usually include telling you that you are under arrest, the general nature of the crime they suspect, and that you do not have to say anything other than giving your name, address, date of birth, place of birth and nationality. This is sometimes called a “caution”, and it is there to remind you that you are not under any requirement to answer questions.
Once you are in custody, you should also be given a letter of rights which sets out, in clear language, what you can expect – such as your right to legal advice at the police station, to have someone told where you are, and to communicate with a solicitor. In many cases, people feel too anxious to take all of this in at once, especially if they are sitting in a cell for the first time, but you are entitled to ask the officer to explain again in a way you can follow. If you are struggling, The Glasgow Law Practice can step in to provide advice at the police station and help you make decisions you will not regret later.
What happens when you are taken to a police station and held in custody?
If you are arrested, you will usually be taken to a designated police station and “processed” into custody. That process must be carried out fairly and must be carried out in line with a code of practice and Police Scotland’s internal guidance on caring for people in custody. You will be asked for basic details, risk factors (such as health issues), and your belongings may be taken and recorded before you are placed in a cell.
The law places time limits on how long you can be held in custody without being charged with a crime. As a general rule, you cannot be kept beyond 12 hours from the time a senior officer authorises your continued custody, unless there is specific authority for an extension up to a further 12 hours, making 24 hours in total in more serious cases. During that time, a custody supervisor should be reviewing whether you still need to be there, and your condition, welfare and human rights should be monitored under the relevant code of practice.
What are your key rights in custody in Scotland?
Once in custody, you have several important rights in custody designed to balance the strong police powers to investigate with your human rights. These include the right to have someone told where you are, the right to get legal advice from a solicitor, and the right to be treated with respect for your dignity and wellbeing. In many cases, you will also have access to medical care, food, and rest breaks, and any restrictions must be proportionate and reasonably necessary to the situation.
You are entitled to legal advice at the police station, either over the phone or in person, before and during questioning. The Glasgow Law Practice provides this kind of early advice regularly, and for most people it is the single most important step they can take to avoid mistakes that could later convict them or harm their position in court. If you are unsure whether to co‑operate fully, stay silent, or give a prepared statement, speaking to a solicitor first gives you a clear, practical plan.
Do you have to answer questions from the police?
Many people assume they “have to” answer questions or they will look guilty. In fact, you have a right not to incriminate yourself. You do need to provide basic details such as your name, address, and place of birth and nationality, but beyond that, you are generally not under any requirement to give a full account without proper legal advice. What you say in interview could be used as evidence later, and this often comes as a surprise.
That does not mean you should automatically refuse to talk. In some situations, particularly where a misunderstanding can be cleared up quickly, a carefully managed interview can help. The key is to get legal advice first. A solicitor from The Glasgow Law Practice can give you tailored guidance on whether to give a full interview, say nothing, or provide a short statement, taking into account the nature of the alleged crime, your record (if any), and the potential consequences if you are charged with a crime.
Can the police search you, your home or your belongings?
The police do have wide powers to search people and property, but those powers are not unlimited. If you are arrested, you can normally expect to be searched when you are apprehended and again on arrival at the police station, to remove anything that might be unsafe or relevant to the investigation. This should be done in a way that is as discreet as reasonably possible, and officers are expected to explain why the search is happening in line with the code of practice.
Away from the station, there must usually be a specific legal power to search you, your vehicle or your home – for example under drugs legislation, weapons laws or a search warrant. It is unlawful for officers to search you without such a power or without your consent, unless a particular statute allows it. If you feel that a search was excessive or humiliating, or that the police can use powers they simply did not have, that may form the basis of a complaint or even an argument in court that certain material should not be admitted as evidence.
Can the police use reasonable force against you?
The police are allowed to use reasonable force where necessary to carry out a lawful arrest, prevent escape, protect others, or preserve evidence, but that power must be exercised carefully. Any force used has to be proportionate to the situation – for example, dealing with someone violent or resisting may justify more force than someone who complies calmly. Officers are expected to justify and record the force they use in the custody record or similar documents.
If you believe the force used on you was excessive, you may later be able to raise that during your criminal case or make a complaint about the police conduct. In some instances, unlawful force can even affect whether the evidence gathered is admissible. The Glasgow Law Practice can talk you through whether what happened to you sounds within the normal range, or whether there might be grounds to challenge the way the arrest was handled.
What if you are under 18 or a vulnerable adult when arrested?
If you are under 18 or considered an 18 or a vulnerable adult, the system recognises that you may have more difficulty understanding what is happening and exercising your rights. There are special rules for young people and anyone who is vulnerable, for example because of learning difficulties, mental health issues, or difficulty reading and writing. In many situations, an appropriate adult, parent, guardian, carer or other responsible adult should be involved to support you and help you understand what’s happening.
If the police think you need an appropriate adult, they should arrange one, even if you do not ask. That person can help you communicate with officers, go through the letter of rights with you, and make sure interviews are conducted fairly and in language you can follow. If you are a parent or guardian worried about a child or dependent relative in custody, The Glasgow Law Practice can explain what should be happening and, where needed, step in to protect their human rights.
What are your rights when you are released or charged?
By the end of your time in custody, the police and Procurator Fiscal will decide whether there is enough evidence to see you released or charged. If you are not charged with a crime, you may simply be released, sometimes with conditions attached not to contact certain people or return to certain places, depending on the nature of the allegation. Any condition must be necessary and proportionate, and it should be explained to you; in some cases, you can challenge conditions in the sheriff court if they are too harsh.
If you are charged with a crime, you may be released on an undertaking to attend court on a later date, or kept in custody to appear from custody the next lawful day. Either way, the fact of being arrested and potentially charged can affect your criminal record and future, so it is important to seek advice early – ideally before the first questioning even starts. This is exactly where The Glasgow Law Practice’s criminal defence team can step in to guide you through the sentence you might face and how best to protect your position.
How can The Glasgow Law Practice help if you’ve been arrested?
For most people, being arrested is a once‑in‑a‑lifetime event, and it is perfectly normal to feel frightened, embarrassed, or angry. Speaking to a calm, experienced solicitor who deals with this day in, day out can make the whole process feel more manageable. At The Glasgow Law Practice, our criminal defence team can provide legal advice from the moment you are taken into custody, attend interviews, and represent you if your case ends up in court.
If you, a family member or a friend has been arrested by the police in Scotland, you do not have to figure this out alone. You can contact The Glasgow Law Practice for straightforward guidance, whether you need urgent help at a police station right now or you want to visit us to discuss the longer‑term impact on your job, family and future. Early advice is often the difference between feeling completely powerless and feeling that, whatever happens next, you have someone in your corner.
Key things to remember if you are arrested in Scotland
- You have the right to get legal advice and to speak to a solicitor before and during questioning at the police station.
- You do not have to answer questions beyond basic details, and what you say in the interview could be used as evidence in any later court case.
- The police can only search you or your property where they have a specific power or your consent, and any search should follow a code of practice and be reasonably necessary.
- Time limits apply to how long you can be kept in custody without being charged with a crime, and any continued detention must be authorised and recorded on the record.
- If you are under 18 or a vulnerable adult, you should normally have an appropriate adult, parent, guardian or carer involved to help you understand what’s happening and communicate with the police.
- If you are worried about how you were treated, or about what happens next, you can always seek tailored advice from The Glasgow Law Practice, including help with making a complaint or preparing for court.