Scotland · Offence guides
Criminal offences explained (Scotland)
Plain-English guides to 28 common criminal offences in Scotland: what the prosecution must prove, where each is tried, maximum penalties, defences and FAQs. Each guide links to the law itself.
Law checked as at 25 September 2026. Maximum penalties are not predictions of any sentence.
Violence and assault
AssaultAssault in Scotland is a common law crime: any deliberate attack on another person, whether or not it causes…Assault to severe injury and danger of lifeAssault to severe injury and danger of life is common law assault with aggravations stating that the attack…Assaulting or obstructing police and emergency workersIt is an offence in Scotland to assault, resist, obstruct or hinder a police officer or member of police…RobberyRobbery in Scotland is a common law crime: stealing property by using violence, or threats of violence, to…Domestic abuseDomestic abuse is a specific crime in Scotland under section 1 of the Domestic Abuse (Scotland) Act 2018. It…
Theft, dishonesty and damage
TheftTheft in Scotland is a common law crime: taking or keeping someone else's property without their consent…ShopliftingShoplifting is stealing goods on sale from a shop. Scotland has no separate shoplifting offence: it is…HousebreakingHousebreaking is breaking into a building by overcoming its security. In Scotland, theft by housebreaking…ResetReset is the Scots common law crime of receiving or keeping property knowing it was obtained by theft…Fraud, uttering and embezzlementFraud in Scotland is the common law crime of deceiving someone by a false pretence so that they do something…Vandalism and malicious mischiefVandalism is the statutory offence of wilfully or recklessly destroying or damaging someone else's property…Fire-raisingFire-raising is the Scots common law crime of setting fire to property. Wilful fire-raising means…
Drugs and weapons
Possession of a controlled drugPossessing a controlled drug is an offence under section 5(2) of the Misuse of Drugs Act 1971, which applies…Supplying or possessing with intent to supply a controlled drugSupplying a controlled drug, offering to supply it, being concerned in its supply, or possessing it…Offensive weapons and knivesIn Scotland it is an offence to have an offensive weapon in a public place (section 47) or an article with a…
Driving offences
Drink drivingDrink driving means driving, attempting to drive or being in charge of a motor vehicle with alcohol above…Drug drivingDrug driving covers two offences: driving while unfit through drugs (section 4) and driving with a specified…Dangerous drivingDangerous driving is driving that falls far below what would be expected of a competent and careful driver…Careless drivingCareless driving means driving without due care and attention or without reasonable consideration for other…Driving without insuranceUnder section 143 of the Road Traffic Act 1988 it is an offence to use a motor vehicle on a road or other…SpeedingSpeeding means driving a motor vehicle on a road faster than the speed limit for that road or vehicle, an…Using a hand-held mobile phone while drivingIt is an offence to use a hand-held mobile phone or other device that can send or receive data while driving…
Harassment, public order and online
Breach of the peaceBreach of the peace is a Scots common law crime: conduct severe enough to cause alarm to ordinary people and…Threatening or abusive behaviourUnder section 38 of the Criminal Justice and Licensing (Scotland) Act 2010, it is an offence to behave in a…StalkingStalking is an offence under section 39 of the Criminal Justice and Licensing (Scotland) Act 2010. It is a…Hate crimeScottish hate crime law is mainly in the Hate Crime and Public Order (Scotland) Act 2021, in force since 1…Threatening, abusive or offensive communicationsSection 127 of the Communications Act 2003 makes it an offence in Scotland to send a grossly offensive…Disclosing or threatening to disclose intimate imagesIn Scotland it is an offence to share, or threaten to share, a photo or film showing someone in an intimate…
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