If you are taken to a police station in Scotland, or asked to go in for a chat, it can be frightening – especially if you have never been anywhere near police custody before. This article walks through how police questioning works, what your rights are under the Criminal Justice (Scotland) Act 2016, and how The Glasgow Law Practice can help you keep control of the situation. It is worth reading if you, a family member or a friend is worried about being interviewed about an offence and wants to understand what is likely to happen and what you can do to protect yourself.
The Glasgow Law Practice’s criminal defence team regularly advise clients at the police station, both in person and over the phone, and much of what follows is drawn from the sort of clear, practical advice we give every day.
What actually happens when you are taken to a police station?
Police questioning in Scotland usually takes place at a police station interview room, either after arrest or when someone has attended voluntarily. In either case, the constable leading the enquiry should tell you why you are there, in broad terms, and what offence or offences you are suspected of. For many people, this first conversation passes in a blur; you may be anxious, embarrassed, or just trying to understand what’s happening.
If you have been taken to a police station following arrest, you will be booked into custody, and basic details will be taken – your name, address, date of birth and similar. You may be searched and your belongings taken for safekeeping while you are in police custody, and you will be placed in a cell until officers are ready to interview you. Even at this stage, it is already important to think about legal advice and not to try to talk your way out of things in the corridor or in the police van; informal remarks could be used as evidence later on.
The Glasgow Law Practice can speak to you at this point, often before any police interview starts, to give clear advice about your options and your rights.
When are you actually in custody, and can police detain you?
You are in custody when you are deprived of your liberty and not free to leave the police station. Under the Criminal Justice (Scotland) Act 2016, there are structured powers of arrest and detention, and the police must have reasonable grounds for suspecting that you have committed an offence before they arrest you. Once you are under arrest, police may detain you for questioning, but they must keep that detention to what is necessary and proportionate for the investigation of the offence.
There are safeguards around how long you can be held in police custody and who can authorise any further period of detention. A senior officer has to consider whether it is necessary to keep you held in custody, and whether your continued detention is in the interests of justice; they are expected not to hold you unreasonably or unnecessarily. In many cases, particularly for less serious matters, people are released without charge once basic enquiries have been completed, sometimes on an undertaking with conditions to attend court at a later date.
If you or a relative is worried that someone has been held in police custody for longer than seems fair, The Glasgow Law Practice can check the position and, where appropriate, challenge decisions or ask that the person be released or charged.
What is the ‘Letter of Rights’ and why does it matter?
When you are in police custody in Scotland, you should be given a written “letter of rights”, which explains in plain language what your rights are while you are in the police station. There is a version for adults and a separate, easier-read version for children and young people, but the key points are similar – your right to a solicitor, your right to have someone told you are there, and your right not to be forced to answer questions.
This letter of rights sits alongside the protections in the Criminal Justice (Scotland) Act 2016 and is designed to help people held in police custody who may not understand what’s happening. It is worth taking a few minutes to read it properly, even if you are stressed or tired; it explains, for example, how to ask for legal advice at the police station and what you can expect during the police interview. If anything in it is unclear, you can ask the officers to explain it or ask to speak to a solicitor for clarification.
Do you have to answer questions in a police interview?
One of the most common worries we hear at The Glasgow Law Practice is whether someone has to answer questions once the interview starts. Before any questioning, you should be cautioned – typically told that you do not have to say anything, but that anything you do say may be used in evidence if the case goes to court. This is a reminder of your right to silence and that anything you say about the alleged offence or offences could be used as evidence later on.
In Scotland, you cannot be forced to answer questions about the substance of the allegation, and you are entitled to remain silent. A solicitor can help you decide whether it is wiser in your case to answer questions, to give a prepared statement, or not answer any questions at all, depending on the nature of the criminal offence, your criminal history, and the available evidence.
What are your rights in custody during questioning?
Before the start of the interview, the constable must tell you your key rights, including the general nature of the offence and your right not to say anything beyond basic identification details. You also have rights in custody to have another person told you are there, to have a solicitor told you are there, and to have allowed access to a solicitor for advice during your time in custody. These rights apply whether you are an adult or a child, but there are additional safeguards for children and for anyone who may not understand the process.
For people held in police custody, it can come as a surprise that you must be allowed to ask for medical help, food, rest and basic facilities, and that police must treat you with respect and in line with human rights standards. If you feel that questioning is not unfair but the conditions are getting to you – for example, if you are exhausted or unwell – you can raise this and also mention it to your solicitor so that it can be recorded. Getting these details on record can matter later if the admissibility of any interview is challenged.
Can you attend the police station voluntarily instead of being arrested?
Sometimes the police wish to question someone but decide not to arrest them immediately, and instead invite them to attend a police station voluntarily for an interview. In that situation, you are technically free to leave at any time, but the police may still suspect you of committing an offence, and anything you say in that interview may be used if the case goes to court. It often feels more informal, but it is still part of the formal criminal procedure and can lead to criminal proceedings if the evidence is strong enough.
Even if you are attending a police station voluntarily, you still have the right to have a solicitor present and to get legal advice at the police station before answering questions. In many cases, it is necessary to interview a suspect to properly test the account of events and to clarify their position in relation to the offence being investigated. The Glasgow Law Practice strongly encourages anyone invited for a voluntary interview to speak to us first so we can explain the process and, where appropriate, attend with you.
What if you are a child, young person, or vulnerable adult?
The law recognises that children, young people and any vulnerable adult may not understand the process or the potential consequences of an interview in the same way as other adults. Where the person is under a compulsory supervision order, or is 16 or 17 and still under children’s hearings supervision, there are specific safeguards, including the involvement of a parent, carer or other appropriate adult. Police must also take special care with anyone who has communication difficulties, learning disabilities or mental health concerns.
Good practice guidance stresses that a liaison and diversion approach should be taken, so that people are directed to support services where appropriate rather than simply pushed through the system. In many cases, it will not be appropriate for a child or vulnerable adult to be interviewed without a solicitor present, and in some situations, the interview may not proceed at all unless this safeguard is in place. The Glasgow Law Practice has experience dealing with cases involving 16 or 17-year-olds and vulnerable adults and can help families navigate what can otherwise be an overwhelming experience.
How is a police interview recorded, and what about admissible evidence?
Modern Scottish practice is that there will normally be a full recording of interviews, often by audio and/or video, and a formal recording of interviews process is followed. The Criminal Justice (Scotland) Act 2016 and related guidance emphasise that a record should be made of key stages and that interviews should be conducted fairly so that any answers given could be used as admissible evidence. The details of what was asked and what was said can later be scrutinised both by solicitors and, if necessary, by the court.
If the case the police build from the interview is flawed – for example, because you were interviewed without proper legal advice, or because your right to have a solicitor present during police questioning was ignored – parts of the interview might be ruled as inadmissible. In exceptional circumstances, serious breaches of procedure have led to whole interviews being ruled inadmissible and kept away from the jury. This is one reason why The Glasgow Law Practice will always look carefully at what happened in the interview if your case goes to court, not just at what the recording appears to show.
What happens after questioning – are you released or charged?
Following arrest and detention, and once questioning is complete, there are several possible outcomes. The police could decide to take no further action if they do not think there is enough evidence that you committed an offence or if prosecution would not be in the public interest. In other cases, they may issue a fixed penalty, particularly for less serious matters, or they may report the case to the Procurator Fiscal for possible solemn proceedings or summary complaint.
Depending on the circumstances and your criminal record, you may be released without being charged, released on an undertaking, or kept in custody to appear at court on the next lawful day. Being charged with a crime does not mean you are guilty; it simply means the person suspected of committing the offence is now being officially accused, and criminal proceedings may follow. At each stage, your solicitor can advise you about the likely next steps, the impact on your criminal record if you are convicted, and whether it may be possible to challenge the evidence or negotiate with the prosecution.
The Glasgow Law Practice aims to give clear, realistic advice at this stage so that you know where you stand and can start planning, rather than feeling completely in the dark.
Why is early legal advice at the police station so important?
Time and again, experience shows that what happens at the police station can shape the whole direction of a case. Statements made in the heat of the moment, or when someone is scared and tired, could be used as evidence later and may be hard to row back from if the case goes to court. Getting legal advice at the police station, before and during the interview, helps ensure that questioning is fair, that the police follow the rules, and that you do not say more than is wise about your relation to the offence being investigated.
Under the 2016 Act, you have a right to legal advice at the police station and to have a solicitor present during an interview, and these protections exist to balance police powers of arrest with your rights as a suspect. The Glasgow Law Practice can be contacted at any stage – whether you are attending voluntarily, have just been arrested without warning, or are worried that a friend has been held in police custody – and we will talk you through what to expect and how best to protect your position.
If you have been invited to a voluntary interview or think you may be questioned soon, getting advice early can sometimes even prevent you from being charged with a crime at all, or can help limit the issues if your case goes further.
Quick points to remember about police questioning in Scotland
- You can be arrested and detained only where there are reasonable grounds for suspecting you have committed an offence, and any detention must be necessary and proportionate.
- You should receive a letter of rights and be told, without delay, about your rights in custody, including your right to silence and your right to have a solicitor informed and present.
- Before the start of the interview, police must caution you and explain that anything you say, and anything you do say, may be used as evidence if your case goes to court.
- You are entitled to legal advice, and questioning should not proceed if you have asked for a solicitor and have not been given a proper chance to speak to one.
- Children, 16 or 17-year-olds under social work supervision, and any vulnerable adult must receive extra protection, and interviews should take place only where it is necessary and in the interests of justice.
- Interviews are normally recorded, and if you are interviewed without proper safeguards, parts of that interview could be ruled inadmissible later.
- After questioning, you may be released without charge, released on an undertaking, reported to the Procurator Fiscal, or kept in custody to appear at court, depending on the allegation and your circumstances.
If you are worried about police questioning – whether you are already in custody, attending a police station tomorrow, or supporting a family member – you do not have to face it alone. The Glasgow Law Practice’s criminal defence solicitors are available to give calm, practical advice tailored to your situation and can attend the station with you or speak to you over the phone to help you through the process.