Arrested or asked to a police interview in Scotland: what happens and what are my rights?

Stage 3: Arrest

A constable can arrest without a warrant if there are reasonable grounds to suspect you have committed or are committing an offence (CJ(S)A 2016 s.1). You must be told you are under arrest, the general nature of the offence and the reason, and then be taken to a police station as quickly as reasonably practicable.

You must be taken to a police station as quickly as reasonably practicable (s.4). The 12-hour custody clock starts when a sergeant authorises custody there, not at the moment of arrest.

• To be told you are under no obligation to say anything except your name, address, date of birth, place of birth and nationality (s.3, s.34).
• To have a solicitor told you are in custody and to consult a solicitor (ss.43-44).
• To be released if officers decide there are no longer reasonable grounds for suspicion (s.4(2)).

• Why was I arrested and is it lawful?
• What happens next?

Stage 4: In police custody

A sergeant not involved in the case decides whether keeping you in custody is necessary and proportionate. You can be held without charge for up to 12 hours, reviewed by an inspector at 6 hours. Before the end you must be charged, released, or an extension authorised.

12 hours without charge from authorisation (s.9). One extension of a further 12 hours (24 total) by an inspector (chief inspector if under 18), only for an indictable offence and a diligent investigation (s.11). Then you must be charged or released. Terrorism cases differ.

• Private consultation with a solicitor at any time, including by phone (s.44); free legal advice.
• To have a reasonably named adult told where you are (s.38). For under-16s a parent is told automatically; 16-17s can choose, and social work is always informed about under-18s (s.41).
• To make representations, yourself or through a solicitor, before an extension is decided.
• An appropriate adult if you have a mental disorder affecting understanding or communication (s.42).

• Is my detention and any extension lawful?
• Should I be interviewed now?
• What bail or release conditions might apply?

Stage 5: Police interview

Officers ask you questions about the suspected offence, usually recorded. You can answer, stay silent or give a prepared statement after legal advice. Once you are charged ('officially accused'), police cannot question you further about that offence without a court's authorisation (s.35).

Interview happens within the custody time limit (12 hours, or 24 if extended).

• Right to have a solicitor present; police must wait for your solicitor unless you consent to go ahead without one (s.32).
• Since 30 March 2026 under-18s cannot waive this right, and nor can adults who cannot understand because of a mental disorder (s.33).
• Right to silence: you only have to give your identity details, and Scotland has no adverse-inference rule for staying silent.
• An interpreter if you need one.

• Should I answer questions, stay silent or give a statement?
• What evidence do police say they have?

Stage 2: Voluntary interview

Police may invite you to attend a police station or other place to be interviewed as a suspect without arresting you. You are not in custody and are free to leave, although police could decide to arrest you. It is a formal interview and anything you say can be used as evidence.

• Right to have a solicitor present during the interview (CJ(S)A 2016 s.32); police must not start until your solicitor is there unless you consent.
• Free legal advice at the police station through the Solicitor Contact Line.
• Right to remain silent; Scotland has no rule allowing silence to be held against you.
• Right to leave unless arrested.

• Should I attend, and when?
• Should I answer questions or give a prepared statement?
• What do the police already know?