How long can you be held in custody after arrest in Scotland?

If you are suddenly in custody after an arrest in Scotland, it can feel as if everything has been taken out of your hands. This guide explains how long the police can keep you at a police station, what “kept in custody” actually means in practice, and when a court can decide you should be remanded in custody instead of released on bail. It is worth reading if you, a family member or a friend is anxious about how long this can go on, and want straight answers in plain language rather than legal jargon.

How long can the police keep you in custody in Scotland?

Under the Criminal Justice (Scotland) Act 2016, the basic position is that the police can hold you for up to 12 hours before they must either charge you with a crime or release you. Those 12 hours is meant to allow them to investigate an alleged offence properly while you are in police custody, without your freedom being restricted in custody for any longer than is really needed.

In many cases, this initial 12 hours is enough for officers to interview you, check any potential evidence, speak to any witness and decide whether they have reasonable grounds to go further. If they think more time is needed, a constable with the right level of authority can give authorisation to extend the time you may be kept in custody, but there are rules around this, and it is not automatic.

The Glasgow Law Practice regularly advise people who are frightened about how long they may be kept in custody, and we often find that simply understanding that there is a “clock” running, and that the police cannot just detain you indefinitely, makes a real difference to how manageable the situation feels.

What do “12 hours” and “24 hours” really mean for a person in custody?

The law says that, as a general rule, you may not continue to be held in custody for more than a continuous period of 12 hours unless you are then charged with an offence or a formal extension is granted. The clock starts when a custody officer or constable gives authorisation under section 7 of the Criminal Justice (Scotland) Act 2016 to keep you in a certain place, such as a police cell.

If the police still need time after the first 12-hour period, section 11 allows a suitable constable to give authorisation for keeping you in custody for a further 12 hours, up to a maximum of 24 hours in total. These second 12 hours are only lawful if the investigation is being carried out diligently, the offence is serious enough (usually indictable), and custody is necessary and proportionate rather than you being released on some form of bail or investigative liberation.

In other words, the police can hold you for a maximum of 24 hours from when the clock starts, unless you are taken to court within that period. During this time, your freedom will be restricted, you cannot just decide to leave, but the police must also follow strict rules about your care, your rights in custody and your access to a criminal defence solicitor.

Custody time limits at a glance

What happens when you are taken to a police station and arrested?

If you are taken to a police station after an arrest, you will usually be booked into custody and spoken to by a custody officer who checks who you are, what the alleged offence is, and whether you need any medical treatment. There may also be questions about any mental health conditions or other issues that could affect how you are cared for in custody, especially for vulnerable adults.

Once you are held in police custody, you should be given a letter of rights which explains, in straightforward language, your main rights in custody, including the right to get legal advice, the right to tell a family member where you are, and the right to medical help if you are ill or injured. People held in police custody in Scotland should get this letter in a format they can understand, and an “easy read” version is available if needed.

The Glasgow Law Practice often hears from people who thought going to the police station would be a “quick chat” but found themselves kept in custody for much longer than expected. Having a solicitor involved from the start can help you understand what is happening and make sure the police powers being used are lawful and not going beyond what the criminal justice rules allow.

Who can authorise you to continue to be held in custody?

The decision to detain you in the first place, and to keep you in custody beyond the initial period, is not supposed to be casual. A constable must have reasonable grounds to suspect you have committed an offence and that keeping you in custody is needed to allow them to investigate.

When it comes to extending the initial 12 hours, authorisation can only be given by an appropriate constable, in practice usually a senior police officer such as a custody sergeant, police inspector or Force Custody Inspector acting under national guidance. That officer has to consider whether the test for continued detention is met, the nature of any serious crime being investigated, and whether your liberty is being restricted in some way for longer than is justified.

If you are worried that you may be kept in custody unlawfully or without proper authorisation, getting legal advice at the police station from a solicitor at The Glasgow Law Practice can be crucial. We can speak to the officers involved, check what authorisation has been given, and challenge the situation if we think you are being held unlawfully or unfairly.

What are your rights in custody, and can you remain silent?

Being in custody means your movements are controlled, but it does not mean your rights disappear. You should receive a letter of rights which sets out, for example, that you can ask for legal advice from the police, that you may be able to have a reasonably named person, such as a family member, told you are there, and that you have the right to see a doctor or nurse if you need medical treatment.

You also have the right to remain silent. Under section 34 of the Criminal Justice (Scotland) Act 2016, you do not have to answer questions in a police interview beyond confirming basic details such as your name, address, date of birth, place of birth and nationality. This is one of the most important differences between Scotland and England and Wales. A Scottish court cannot treat your silence at interview as evidence against you, and it cannot suggest to a jury that your defence must have been invented because you did not mention it at the time. Scotland has never adopted the adverse inference rules that apply south of the border, which is why the caution you hear here is worded differently.

That does not make silence automatically the right choice in every case. Sometimes giving an account early helps and sometimes it does not, which is why it is sensible to speak to a solicitor before deciding whether to answer questions, especially if there is talk of a serious crime or there are multiple suspects or a key witness involved. The Glasgow Law Practice can provide advice at the police station over the phone or in person, helping you decide how to deal with any interview and what to say or not say. In many cases, just knowing someone is firmly in your corner, focused on your defence, makes the whole experience less intimidating.

What is “investigative liberation”, and can your freedom still be restricted?

Sometimes, instead of keeping you in custody for the full period, the police can release you but still place conditions on you while they continue to investigate. This is known as investigative liberation, it can last for up to 28 days, and it effectively means your freedom is restricted in some way, even though you are not physically in a cell.

The conditions attached to investigative liberation might control where you can go or who you can contact, for example telling you not to approach a certain place or person while the investigation continues. If you breach those conditions, the police can arrest you again, and you may be kept in custody to appear at court, where the sheriff will look at whether stricter measures are needed.

If you are on investigative liberation, The Glasgow Law Practice can help you understand what your conditions mean in day to day life and avoid doing something that could be seen as a breach. For most people, the fine detail is not obvious, and a quick call for legal advice can avoid a lot of trouble later.

When can you be released without charge or charged with a crime?

At the end of the custody period, the police must either charge you with a crime or release you. In some situations, you will be released without charge if there is not enough evidence or the investigation shows you were not involved in the alleged offence.

If there is enough evidence, the police might charge you with a crime and either release you on an undertaking to appear at court at a later date, release you pending a report to the Procurator Fiscal, or keep you in custody for court. The decision can depend on things like your record, the seriousness of the allegation, and whether the officers think you might interfere with witnesses or fail to attend court.

If you are unsure whether the police are likely to either release or charge you, it is perfectly reasonable to ask your solicitor to speak to the officers about what stage the investigation has reached. At The Glasgow Law Practice, we do this regularly so that clients are not left completely in the dark.

What happens if you are remanded in custody by the court?

If the police keep you in custody after charge, you will usually appear at the sheriff court the next lawful day. At that stage, the sheriff decides whether you should be released on bail or remanded in custody in prison or another secure setting while your case continues.

The grounds for refusing bail were narrowed by the Bail and Release from Custody (Scotland) Act 2023, which took effect in May 2025. A person can now be remanded only where the court is satisfied that custody is necessary for public safety, which includes protecting the complainer from a risk of harm, or to prevent a significant risk of prejudice to the interests of justice. Remand is therefore meant to be reserved for the cases that genuinely meet that test, rather than used as a general response to risk. The court still looks at all the circumstances, including any history of breach of bail conditions, before making its decision, and it has to state and record its reasons.

The Glasgow Law Practice will argue on your behalf for your release wherever possible, putting forward information about your job, family, health and other factors to show that custody is not necessary. Having a solicitor who knows the local courts and understands how sheriffs approach bail can make a real difference at this stage.

How do breach of bail conditions and further detention fit in?

If you are released on bail and later accused of a breach of bail conditions, the police could arrest you again and detain you in custody to appear at court. In practice, allegations of breach of bail conditions are taken seriously, especially where there is an underlying serious crime or concerns about safety.

Where there are reasonable grounds to suspect a breach, you may be arrested and held in custody pending a fresh appearance before the sheriff, even if the original offence was not the most serious. This is one of the reasons it is so important to understand and stick to every condition attached to your bail, because ignoring even a “small” condition can land you back in custody.

If you are worried you may have unintentionally breached your bail, or are accused of doing so, speaking to The Glasgow Law Practice early can help you get back on the front foot. We can advise you on the best way to handle the situation and prepare for what might happen at court.

What about vulnerable adults, young people and medical treatment in custody?

People in custody are not all the same, and the rules recognise that vulnerable adults, children and those with mental health issues may need extra support. Police Scotland’s guidance stresses that all persons held in police custody should have their care, welfare and security maintained to consistently high standards, with appropriate reviews if they are likely to be in custody for more than a few hours.

If you have a mental health condition, learning difficulty or other vulnerability, the police must take this into account when deciding how to interview you and what support you need. You have the right to medical treatment if you are ill or injured, and in some cases, an appropriate adult, guardian or other supporter should be involved to help you understand what is happening.

At The Glasgow Law Practice, we are used to working with families who are worried sick about a relative in custody who is vulnerable. We can speak to the police, ask about welfare checks and medical treatment, and make sure your rights, or your loved one’s rights, are being respected.

How can a Scottish solicitor actually help if you are in custody?

Many people assume that nothing much can be done while they are in custody and that they simply have to wait. In reality, getting legal advice quickly can influence how long you may be kept, whether you are interviewed, and what happens at the end of the custody period. Advice from a solicitor while you are in police custody is free and is not means tested.

A Scottish criminal defence solicitor from The Glasgow Law Practice can: speak to you privately about the allegation; advise you whether to answer questions or remain silent; check that any detention and authorisation are lawful; and speak to the police about whether you can be either released without charge, released on some form of bail or kept for court. Having that support can also ease some of the emotional strain, which often comes as a surprise to clients who thought they just had to “sit it out” on their own.

If you, or a family member, are currently in police custody or expect to attend a police station soon, you can contact The Glasgow Law Practice for calm, confidential legal advice. There is no pressure and no judgment, just experienced lawyers who understand how stressful keeping you in custody can be and who will work to protect your position.