Arrest and Police Custody in Scotland: 12 questions answered
In Scotland arrest and police custody are governed by the Criminal Justice (Scotland) Act 2016. Police can usually hold you for 12 hours without charge, extendable to 24 hours for serious offences. You have the right to have someone told and to free advice from a solicitor.
Law checked as at 25 September 2026. Legal information only, not legal advice. See how we check this page and recent changes.
When can police arrest me without a warrant in Scotland?
Under section 1 of the Criminal Justice (Scotland) Act 2016, a police officer can arrest you without a warrant if they have reasonable grounds to suspect you have committed or are committing an offence. For an offence that cannot be punished with imprisonment, they can only arrest without a warrant if waiting for one would not be in the interests of justice, for example because you would carry on offending, try to avoid arrest or interfere with witnesses or evidence. Children under 12 cannot be arrested, because 12 is the age of criminal responsibility in Scotland.
What must police tell me when I am arrested in Scotland?
Section 3 of the Criminal Justice (Scotland) Act 2016 requires officers, at the time of arrest or as soon as practicable after, to tell you that you are under arrest, the general nature of the offence, and the reason for the arrest. They must also tell you that you do not have to say anything apart from your name, address, date of birth, place of birth and nationality, and that you have the right to have a solicitor told and to have access to a solicitor. At the police station you should also be given a written Letter of Rights.
How long can police keep me in custody without charge in Scotland?
Usually no more than 12 hours. The clock starts when a sergeant authorises your detention at the police station, and an inspector must review whether you still need to be held after 6 hours. An inspector (a chief inspector if you are under 18) can extend this by a further 12 hours, to a maximum of 24 hours, but only for an indictable offence and where the investigation is being carried out diligently. You or your solicitor can make representations first. After the limit, you must be charged or released.
What does being officially accused mean in Scotland?
Under section 63 of the Criminal Justice (Scotland) Act 2016, you are officially accused once a police officer charges you with an offence or the prosecutor starts court proceedings against you. This matters because after that point police generally cannot interview you about that offence unless a court authorises it. Once charged, you must either be released, with or without an undertaking to appear at court, or kept in custody and brought before a court, usually on the next day the court sits.
Can I let someone know I have been arrested in Scotland?
Yes. Under section 38 of the Criminal Justice (Scotland) Act 2016, you have the right to have an adult you reasonably name told that you are in custody and where you are being held. Police must do this as soon as reasonably practicable. A sergeant who is not involved in the investigation can allow a short delay if that is necessary for the investigation, the prevention of crime or catching offenders. If police believe you are under 16, they must tell a parent or carer even if you do not ask.
Do I have the right to a solicitor if I am arrested in Scotland?
Yes. Under sections 43 and 44 of the Criminal Justice (Scotland) Act 2016, you have the right to have a solicitor told that you are in custody and to a private consultation with a solicitor at any time, by phone or in person. Advice while you are in police custody is free, whatever your income. You can ask for your own solicitor or use the Solicitor Contact Line. A consultation can only be delayed in exceptional circumstances, on the decision of a sergeant not involved in the investigation.
What rights does a child under 16 have in police custody in Scotland?
Police must tell a parent or carer that the child is in custody and where, and ask them to attend, even if the child does not ask. A parent, or another suitable adult if no parent is available, must be allowed access to the child, and social work must also be told. Since 30 March 2026, no one under 18 can agree to be interviewed as a suspect without a solicitor present. Police must treat the child's wellbeing as a primary consideration when deciding whether to arrest, hold, interview or charge them.
What rights do 16 and 17 year olds have in police custody in Scotland?
A 16 or 17 year old can ask for an adult they name to be told they are in custody and to come to the police station, and can choose to have that adult visit them. They can ask that the adult is not asked to attend. Social work must be told they are in custody. Since 30 March 2026, changes made by the Children (Care and Justice) (Scotland) Act 2024 mean anyone under 18 cannot waive the right to a solicitor at interview. If kept for court, under-18s should normally be held somewhere other than a police cell.
What help is there for vulnerable adults in police custody in Scotland?
Under section 42 of the Criminal Justice (Scotland) Act 2016, in force since 10 January 2020, if a person aged 16 or over appears, because of a mental disorder, to be unable to understand what is happening or communicate effectively with police, officers must contact a suitable person to provide support. This is usually a trained appropriate adult. They help the person understand what is happening and communicate with police, but they do not give legal advice. An adult in this situation cannot agree to be interviewed without a solicitor present.
Can police take my fingerprints and DNA in Scotland, and how long do they keep them?
Yes. Under section 18 of the Criminal Procedure (Scotland) Act 1995, police can take fingerprints, palm prints and a mouth swab for DNA from anyone arrested, and some other samples, such as hair or nail samples, with an inspector's authority. If you are not prosecuted, or the case ends without a conviction, they must usually be destroyed as soon as possible. For certain sexual or violent offences, they can be kept for 3 years after proceedings end, and a sheriff can extend this by 2 years at a time. If you are convicted, they can generally be retained.
What is investigative liberation in Scotland?
Investigative liberation lets police release you without charge while an investigation continues, but with conditions attached, under section 16 of the Criminal Justice (Scotland) Act 2016. A sergeant or above can impose conditions considered necessary and proportionate, such as not contacting witnesses or staying away from certain places, but not a curfew requiring you to be at a set place. Conditions last no more than 28 days from when first imposed. You can ask a sheriff to review them, and breaking them without reasonable excuse is a criminal offence.
Will I be released or kept in custody for court after being charged in Scotland?
Police can release you without conditions, release you on an undertaking, or keep you in custody for court. An undertaking is a signed promise to appear at a named court on a set date, and it can include conditions such as not committing offences, not contacting witnesses or a curfew. If you are kept in custody, section 21 of the Criminal Justice (Scotland) Act 2016 says you must be brought before a court, if practicable, on the first day it sits after you are charged. You may appear by video link.
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What happens next: the criminal process step by step →Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
- Criminal Justice (Scotland) Act 2016, contents
- Criminal Justice (Scotland) Act 2016, Part 1 Chapter 2 (custody of person not officially accused)
- Criminal Justice (Scotland) Act 2016, Part 1 Chapter 5 (rights of suspects)
- Criminal Procedure (Scotland) Act 1995, section 18
- Being arrested: your rights (mygov.scot)
- Letter of rights: your rights when you are in a police station, easy read (Scottish Government)
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