If the police in Scotland arrest you, it can feel sudden, frightening and overwhelmingly confusing. This guide walks you through what really happens, what your rights in custody are, and how a solicitor from The Glasgow Law Practice can help you keep control of the situation rather than panic.
What does “being under arrest” really mean?
When you are under arrest, the police are using their powers of arrest because they suspect you of a criminal offence and want to be able to control where you go, and potentially ask you questions in relation to the allegation. In practice, that usually means you will be taken to a police station so officers can ask questions and gather evidence. Being under arrest does not mean you are already guilty, but it does mean that what you say and do from this point could be used later in criminal proceedings if you are charged with an offence.
The first shock for many people is how quickly this happens. You may feel tempted to argue at the roadside or at your door, but this is rarely in your best interests. The police must tell you why you are under arrest, and, in many cases, it is better to stay calm, listen carefully, and ask to speak to a solicitor rather than trying to explain everything on the spot.
What happens after you are taken to a police station?
If you are arrested, you will usually be taken to a police station and “booked in” at the custody desk. At this stage, you will be asked basic questions about who you are, your health, and whether you need any assistance or medication. This is also the point where you should clearly say that you want to get legal advice and that you wish to speak to a lawyer as soon as possible.
Once in police custody, you may be searched, your property will be taken and recorded, and you may be placed in a cell. That can be a very long, lonely time. Many clients tell us that time seems to slow down, and they have difficulty understanding what is happening. The Glasgow Law Practice is able to help by explaining each step, checking how long you can lawfully be detained, and making sure the police follow the correct procedures.
How long can the police detain you, and can you be kept in custody?
In most cases, the police may detain you for up to 12 hours after arrest, and you may be kept beyond that only if further time is authorised. This often comes as a surprise, especially for someone who has never been in trouble before and expects to be released quickly. The decision about whether you are kept in custody or allowed to go home while the case is investigated depends on factors like the seriousness of the alleged criminal behaviour and whether you are considered a risk.
You may hear officers or staff talk about whether you will be held in custody overnight and brought to court on a specified date or straight from custody the next day. At this stage, having a solicitor who understands how the local system operates makes a real difference. The Glasgow Law Practice can try to contact you, or you can contact us, to discuss whether bail is likely, what conditions might be imposed, and what the realistic options are if the Procurator Fiscal is opposed to you being granted bail and the court are considering keeping you in prison pending a hearing.
What are your rights in custody – and how do you use them?
Anyone under arrest in Scotland is entitled to a letter of rights explaining their rights in custody in plain language. Among other things, this document will cover your right to legal advice, your right to have someone told where you are, and your right to medical assistance if needed. It can feel like a lot of information at once, especially if you have difficulty reading or are stressed, so it is perfectly reasonable to ask staff to go through key parts with you.
Crucially, you have the right to speak to a solicitor and to get legal advice at the police station before a police interview takes place. This can be your own lawyer, such as The Glasgow Law Practice, or a duty solicitor if you do not already have representation. If you are our client, you should tell your solicitor as much as you can about what has happened so that any advice is tailored to your situation. That might include whether there are witnesses, whether there is a complaint against you already on record, and any background that puts the incident in context.
Should you answer questions in a police interview?
One of the most stressful parts of being under arrest is the police interview. Many people feel that if they simply explain themselves, the police will see there has been a misunderstanding, and the matter will go away. Unfortunately, what you say could be used as evidence later if you are charged with an offence, and something that seems harmless at the time can look very different in a typed transcript.
Before you answer questions, you should always get legal advice at the police station from a solicitor who is experienced in criminal law. With The Glasgow Law Practice, you will be advised about whether to answer questions fully, partly, or to refuse to answer certain questions altogether. There is no “one size fits all” answer here – in some cases it is in your best interests to speak, and in others it is safer to remain silent. Your lawyer will help you understand what’s happening and why a particular approach is being recommended.
What if you are a young person, 18 or a vulnerable adult?
If you are under 18 or a vulnerable adult – for example, because of a learning difficulty, mental health condition, or difficulty communicating – extra protections should be in place. In these situations, the police must consider whether you might need additional support to understand the process, and an appropriate adult may be arranged to be present during any police interview. This person is not there to give legal advice, but to support you in understanding what is being said and to express yourself.
Where a vulnerable adult or a young person is involved, a solicitor must be contacted quickly. In many cases, a guardian, carer, or parent will also need to be informed, unless there is a good reason not to. The Glasgow Law Practice is used to support families in these circumstances and can help arrange for an appropriate adult, an interpreter if you need one, and any other assistance that is genuinely in your best interests.
Can the police contact someone on your behalf?
When you arrive at the police station, you have the right to ask the police to try to contact someone on your behalf, such as a family member, guardian, or your own solicitor. It might not be possible for you to speak to them immediately, but the custody staff should pass on a message that you are in police custody. This can help reduce the anxiety of loved ones who might otherwise have no idea where you are or why you have not come home.
If you want The Glasgow Law Practice to represent you, you need to tell the police that you wish to speak to our defence solicitors. You do not need anyone’s permission to ask for your own lawyer, and you should not feel pressured into using a particular duty solicitor if you already have someone you trust. One soft but important piece of advice: make your request clear and stick to it, even if there is a delay before the lawyer can attend.
Will you be released or charged – what happens next?
After you are interviewed and any urgent enquiries are carried out, the police custody sergeant will decide whether you may be released, kept in custody, or charged with a crime and put before the court. Sometimes you may be released on an undertaking, which means you must attend court on a specified date and comply with any conditions set. In other situations, you may be kept in custody and appear from custody at court the next lawful day.
Being arrested and charged is understandably a frightening experience, but it is also the point where a good criminal defence lawyer can start to make progress for you. The Glasgow Law Practice will look at the document setting out the charge, consider any police record or previous complaint that might be relevant, and decide whether there are arguments to be made about bail, the strength of the evidence, or whether the case is really in the public interest. For most people, having someone step in and take control of the legal side brings genuine relief.
What if the police treat you as a witness, not a suspect?
Not everyone who ends up at a police station is under arrest. In some situations, the police might want to speak to you as a witness rather than a suspect. It can be hard to know which is which, especially if officers are asking detailed questions about a criminal incident and you feel they might accuse you of something later. You are entitled to ask in what capacity you are being interviewed and whether you are free to leave.
Even if you are “just” a witness, there can be situations where you would still benefit from legal advice. For example, if there is a risk that your answers could be used to build a case against you or someone close to you, you might need advice about how to answer questions honestly without exposing yourself to unnecessary risk. The Glasgow Law Practice is able to help in these more nuanced situations, not just when you are clearly arrested and charged.
How can The Glasgow Law Practice actually help you?
When you are sitting in a cell, it is easy to feel powerless. In reality, having an experienced solicitor involved early on can influence a lot of what happens next. Our defence solicitors can attend the police station, speak to you privately, and provide advice at the police station tailored to your circumstances before any police interview begins. We can also speak to the police about whether you may be released, whether you will be charged with an offence, and what conditions might follow if you are charged with a crime.
If your case moves on to court, The Glasgow Law Practice can provide ongoing representation, prepare for hearings, and guide you through the criminal proceedings step by step. We act with discretion, taking into account your work, family, and wider interests rather than treating your case as just a file number. If you might need to tell your solicitor about sensitive issues – for example, a health problem or something in your past – we understand that this is not always easy and will handle this with the utmost care.
When should you contact a lawyer as soon as possible?
In many cases, the most important decision you will make is to contact a lawyer as soon as possible, ideally before any detailed questions are asked. Waiting to “see how it goes” can seem tempting, but it often leads to statements being made without proper advice, which could be used later in ways you did not expect. If you are worried that you may be detained or that criminal proceedings could follow, early advice is almost always in your best interests.
If you, a family member, or a friend has been taken to a police station, try to contact The Glasgow Law Practice as soon as you can. Even if there is a delay before we can physically attend, we can often arrange urgent telephone advice, speak to the police on your behalf, and start planning how to protect your position. We are approachable, used to dealing with people in real distress, and able to help you understand what’s happening rather than leaving you in the dark.
Key points to remember if you are arrested in Scotland
- Stay as calm as you can and listen carefully when the police explain why you are under arrest.
- Ask for a solicitor immediately and make it clear if you want The Glasgow Law Practice to represent you.
- Do not feel pressured to answer questions in a police interview before you have had proper legal advice.
- Use your rights in custody, including your right to a letter of rights and to have someone contacted on your behalf.
- If you are under 18 or a vulnerable adult, an appropriate adult or guardian should normally be involved to support you.
- Remember that what you say could be used in later criminal proceedings if you are charged with an offence.
- You may be released or charged after the police decide whether there is enough evidence.
- Get in touch with The Glasgow Law Practice as early as possible so we can provide advice, assistance and representation from the very start.