Investigative liberation

Investigative liberation is release from police custody without charge, with conditions, while police continue investigating, for up to 28 days.

Investigative liberation allows police to release a suspect who has not been charged but to attach conditions while the investigation continues. It comes from section 16 of the Criminal Justice (Scotland) Act 2016. A sergeant or more senior officer must consider each condition necessary and proportionate to protect the investigation, for example not contacting witnesses or staying away from a particular place. A condition cannot require you to be at a set place at set times, so a curfew is not allowed. The conditions end no later than 28 days after they were first imposed, or sooner if police remove them or you are charged. You can ask a sheriff to review the conditions. Breaking a condition without a reasonable excuse is a criminal offence.

Checked as at 25 September 2026. General information only, not legal advice.