Scotland · Criminal law
Criminal law guides and FAQs (Scotland)
296 plain-English answers about criminal law in Scotland, from being stopped by police to sentencing, criminal records and victims' rights. Every answer is written from official sources and checked against the law as at 25 September 2026.
Legal information only, not legal advice. See how we check, our sources and recent changes.
Free tools
What happens next?The criminal process step by step, with time limits and your rights at each stage.
Spent convictions checkerWhen a conviction, caution or other outcome becomes spent, and what checks show.
Penalty points calculatorPoints, totting-up bans, the new driver rule and drink-drive limits.
Stop and search checkerCheck what police should have told you, and how to get your record or complain.
Guilty plea discountHow much a guilty plea can reduce a sentence, by stage.
Someone I know has been arrestedWhat happens to them, and what family and friends can do.
Going to court checklistWhat to take and do, and questions to ask your solicitor.
Criminal law glossaryPlain-English meanings of common legal terms.
Ask LawBotFree AI assistant for general questions about criminal law in Scotland.
Topic guides
Stop and Search in Scotland12 questions · In Scotland police can only search someone who is not under arrest if a law or a warrant…Arrest and Police Custody in Scotland12 questions · In Scotland arrest and police custody are governed by the Criminal Justice (Scotland) Act…Police Interviews and the Right to Silence in Scotland12 questions · In Scotland you do not have to answer police questions beyond giving basic identity details…Solicitors and Legal Aid in Scotland12 questions · Legal advice at a police station in Scotland is free for everyone, through your own solicitor…Bail, Undertakings and Remand in Scotland12 questions · In Scotland police can release you on an undertaking to appear at court or on investigative…Prosecution and the Procurator Fiscal12 questions · In Scotland the police report crimes to the Procurator Fiscal, part of the Crown Office and…Courts and Trials in Scotland12 questions · Criminal cases in Scotland are heard in the justice of the peace court, the sheriff court or…Sentencing in Scotland12 questions · Sentencing in Scotland is shaped by the Criminal Procedure (Scotland) Act 1995 and guidelines…Criminal Records, Spent Convictions and Disclosure Scotland12 questions · In Scotland, most convictions become spent after a disclosure period set by the…Children and Young People in the Justice System (Scotland)12 questions · In Scotland, children under 12 cannot be charged with a crime, and most children who offend…Motoring Offences in Scotland12 questions · Most driving offences in Scotland come from UK-wide road traffic law, but Scotland has a…Victims and Witnesses in Scotland12 questions · Victims and witnesses in Scotland have rights to information, support and protection under…When Someone You Know Is Arrested12 questions · If someone you know is arrested in Scotland, police can usually hold them for up to 12 hours…
Offence guides
What each offence means, where it is tried, the maximum penalty and common defences. See all 28 offence guides.
Every question, by topic
Stop and Search in Scotland (12)
- Can police in Scotland stop and search me for no reason?
- What stop and search powers do police have in Scotland?
- What must a police officer tell me before searching me?
- Do I have to give my name and address to police during a stop and search?
- Can police make me give my details if I witnessed a crime?
- Will I get a receipt or record after being searched in Scotland?
- How much clothing can police make me remove in a public search?
- Can police stop and search children in Scotland?
- Can police search young people for alcohol in Scotland?
- Can I be searched when going into a concert, stadium or event?
- Can I film police officers in Scotland?
- How do I complain about a stop and search in Scotland?
Arrest and Police Custody in Scotland (12)
- When can police arrest me without a warrant in Scotland?
- What must police tell me when I am arrested in Scotland?
- How long can police keep me in custody without charge in Scotland?
- What does being officially accused mean in Scotland?
- Can I let someone know I have been arrested in Scotland?
- Do I have the right to a solicitor if I am arrested in Scotland?
- What rights does a child under 16 have in police custody in Scotland?
- What rights do 16 and 17 year olds have in police custody in Scotland?
- What help is there for vulnerable adults in police custody in Scotland?
- Can police take my fingerprints and DNA in Scotland, and how long do they keep them?
- What is investigative liberation in Scotland?
- Will I be released or kept in custody for court after being charged in Scotland?
Police Interviews and the Right to Silence in Scotland (12)
- Do I have to answer police questions in Scotland?
- Can my silence in a police interview be used against me in Scotland?
- What is the police caution in Scotland?
- Can I have a solicitor with me in a police interview in Scotland?
- Can police interview me without a solicitor in Scotland?
- Can a child or young person be interviewed by police without a solicitor in Scotland?
- What was the Cadder case and why does it matter?
- What is a voluntary police interview in Scotland?
- Will my police interview be recorded in Scotland?
- Can I have an interpreter in a police interview in Scotland?
- Can police question me after I have been charged in Scotland?
- What happens after a police interview in Scotland?
Solicitors and Legal Aid in Scotland (12)
- Is legal advice at a police station free in Scotland?
- What is the Solicitor Contact Line?
- Can I choose my own solicitor in Scotland?
- What is criminal advice and assistance in Scotland?
- Will I have a solicitor at my first court appearance in Scotland?
- How do I get legal aid for a summary criminal case in Scotland?
- How does legal aid work in solemn cases in Scotland?
- What can I do if my criminal legal aid is refused in Scotland?
- Can I represent myself in a criminal case in Scotland?
- What does a duty solicitor at court do in Scotland?
- How do I find a criminal defence solicitor in Scotland?
- Can I change my solicitor or complain about one in Scotland?
Bail, Undertakings and Remand in Scotland (12)
- What is the difference between an undertaking and bail in Scotland?
- What conditions can police put on an undertaking in Scotland?
- What is investigative liberation and how long does it last?
- What happens if I am kept in custody to appear at court in Scotland?
- How does a court decide whether to grant bail in Scotland?
- What are the standard bail conditions in Scotland?
- Can bail be electronically monitored in Scotland?
- What happens if I break my bail conditions in Scotland?
- What happens if I break an undertaking or investigative liberation conditions?
- How long can I be remanded in custody before trial in Scotland?
- Can I appeal if bail is refused in Scotland?
- Can I ask to change my bail conditions or apply for bail again?
Prosecution and the Procurator Fiscal (12)
- What happens after police report me to the Procurator Fiscal?
- What decisions can the Procurator Fiscal make in Scotland?
- What is a fiscal warning?
- What is a fiscal fine in Scotland?
- What are fiscal compensation offers and fiscal work orders?
- What is diversion from prosecution in Scotland?
- What is a Recorded Police Warning in Scotland?
- Do fiscal fines, warnings or diversion give me a criminal record in Scotland?
- What is the difference between summary and solemn procedure in Scotland?
- Which court will deal with my criminal case in Scotland?
- Is there a time limit for prosecuting a crime in Scotland?
- Can a victim challenge a decision not to prosecute in Scotland?
Courts and Trials in Scotland (12)
- What are the different criminal courts in Scotland?
- What is the difference between summary and solemn procedure?
- What happens at my first court date in a summary case?
- What happens in a serious case after I appear on petition?
- What are the maximum sentences each court can give?
- Is the not proven verdict still used in Scotland?
- How many jurors are there and how many must agree to convict?
- Does Scotland still need corroboration to convict someone?
- What happens if I miss a court date in Scotland?
- How do I appeal in a summary case?
- How do I appeal after a jury trial?
- What can I do if my appeal has failed?
Sentencing in Scotland (12)
- How do courts in Scotland decide on a sentence?
- Which sentencing guidelines are in force in Scotland?
- What types of sentence can a Scottish court give?
- What is a community payback order?
- What are restriction of liberty orders and drug treatment and testing orders?
- Is there a presumption against short prison sentences in Scotland?
- Will I get a lower sentence for pleading guilty?
- What is a criminal justice social work report?
- How are young people sentenced in Scotland?
- When will a prisoner be released in Scotland?
- What happens if someone breaks their licence conditions?
- Can a sentence be appealed or challenged as too lenient?
Criminal Records, Spent Convictions and Disclosure Scotland (12)
- What does it mean when a conviction is spent in Scotland?
- How long does it take for an adult prison sentence to become spent?
- How long until a fine or community sentence is spent?
- What happens to convictions for offences committed under 18?
- Do fiscal fines, warnings and fixed penalties go on my record?
- What is the difference between Level 1, Level 2 and PVG checks?
- Which spent convictions can show on a Level 2 or PVG check?
- What is other relevant information on a disclosure?
- Can I get spent convictions removed from my disclosure?
- Do I have to tell an employer about my criminal record?
- Is PVG scheme membership compulsory?
- Does a children's hearing outcome count as a criminal record?
Children and Young People in the Justice System (Scotland) (12)
- What is the age of criminal responsibility in Scotland?
- What happens if a child under 12 does something seriously harmful?
- What is the Children's Hearings System?
- What does the Children's Reporter do?
- What are the grounds for referral to a children's hearing?
- Can 16 and 17-year-olds be referred to a children's hearing?
- Can a child be prosecuted in court in Scotland?
- What rights does a child have if arrested by the police in Scotland?
- Will parents be told if their child is arrested?
- What is Early and Effective Intervention?
- Can a child be sent to prison or a young offenders institution in Scotland?
- Will a child's offence show on a criminal record check?
Motoring Offences in Scotland (12)
- What is the drink-drive limit in Scotland?
- What is the penalty for drink driving in Scotland?
- Can my car be taken away for drink driving in Scotland?
- What are the drug-driving limits in Scotland?
- How do penalty points and totting-up work?
- What happens if I get six points as a new driver?
- What is a conditional offer of fixed penalty?
- Can I do a speed awareness course in Scotland?
- Do I have to tell the police who was driving my car?
- What is the difference between careless and dangerous driving?
- What are the penalties for using a phone or driving without insurance?
- Can I avoid a totting-up ban by showing exceptional hardship?
Victims and Witnesses in Scotland (12)
- How do I report a crime in Scotland?
- What rights do victims and witnesses have in Scotland?
- What is the Victim Information and Advice (VIA) service?
- Can I challenge a decision not to prosecute?
- What is a victim statement?
- How can I find out when an offender will be released?
- What special measures can help me give evidence?
- What happens if I am cited as a witness?
- Will I be named if I am the victim of a sexual offence?
- What is the Victims and Witnesses Commissioner for Scotland?
- Can I get compensation as a victim of crime?
- What is a non-harassment order?
When Someone You Know Is Arrested (12)
- How do I find out where someone is being held by police in Scotland?
- Do police in Scotland have to tell the family when someone is arrested?
- Can I get a solicitor for someone arrested in Scotland, and is it free?
- Can I visit or phone someone in police custody in Scotland?
- Can I take medication, clothes or food to a police station in Scotland?
- How long can police keep someone in custody in Scotland?
- What happens if they are charged and kept in custody for court in Scotland?
- Do I need to put up money or be a surety for bail in Scotland?
- What does remand mean in Scotland, and how do I visit someone on remand?
- What happens if the person arrested in Scotland is a child?
- Should I tell their employer, and what should I avoid doing?
- Where can families get support in Scotland?
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