Police Interviews and the Right to Silence in Scotland: 12 questions answered
In Scotland you do not have to answer police questions beyond giving basic identity details, and there is no rule allowing a court to hold your silence against you. You have the right to a solicitor in the interview room, and under-18s cannot agree to be interviewed without one.
Law checked as at 25 September 2026. Legal information only, not legal advice. See how we check this page and recent changes.
Do I have to answer police questions in Scotland?
No, apart from basic identity details. Under section 34 of the Criminal Justice (Scotland) Act 2016, a person in police custody must give their name, address, date of birth, place of birth and nationality, but is under no obligation to answer any other question. Police must remind you of this before any interview. Choosing to stay silent, or to answer 'no comment', is a legal right, and asking for a solicitor does not suggest you have done anything wrong. Anything you do say can be recorded and used as evidence.
Can my silence in a police interview be used against me in Scotland?
Scotland has no law allowing a court or jury to draw an adverse inference from silence in a police interview. That is a key difference from England and Wales, where the Criminal Justice and Public Order Act 1994 allows such inferences. A Scottish jury should not be invited to treat a 'no comment' interview as evidence of guilt. However, staying silent also means your side of events is not recorded at that stage, and anything you do say can be used. A solicitor can advise on the best approach in your case.
What is the police caution in Scotland?
The caution in Scotland comes from common law, not a statutory code, and the exact wording can vary slightly. A common form is: 'You are not obliged to say anything but anything you do say will be noted and may be used in evidence.' Unlike the caution used in England and Wales, it does not warn that staying silent may harm your defence. Section 31 of the Criminal Justice (Scotland) Act 2016 also requires police to tell you the nature of the offence and your rights no more than one hour before the interview.
Can I have a solicitor with me in a police interview in Scotland?
Yes. Section 32 of the Criminal Justice (Scotland) Act 2016 gives anyone being interviewed as a suspect, whether under arrest or attending voluntarily, the right to have a solicitor present. Police must not start the interview until your solicitor arrives unless you agree to go ahead without one, and the solicitor must not be refused access during the interview. You can also speak to a solicitor privately beforehand. Legal advice while you are in police custody is free, and a duty solicitor is available at any time of day.
Can police interview me without a solicitor in Scotland?
Only in limited situations. If you are 18 or over and able to understand what is happening, you can choose to be interviewed without a solicitor, and police must record the time and any reason you give. Separately, in exceptional circumstances a sergeant not involved in the case can allow an interview to go ahead without a solicitor if it is urgently needed to investigate or prevent crime or catch offenders. This is meant to be rare, and how the interview was handled can later be challenged in court.
Can a child or young person be interviewed by police without a solicitor in Scotland?
Not by their own choice. Since 30 March 2026, section 33 of the Criminal Justice (Scotland) Act 2016, as amended by the Children (Care and Justice) (Scotland) Act 2024, means no one under 18 can agree to be interviewed as a suspect without a solicitor present. Before that date, 16 and 17 year olds could waive the right with the agreement of an adult. The same protection applies to adults who, because of a mental disorder, appear unable to understand what is happening or to communicate effectively with police. Only in exceptional, urgent circumstances can a sergeant not involved in the case allow an interview without a solicitor.
What was the Cadder case and why does it matter?
Cadder v HM Advocate was a 2010 UK Supreme Court decision. It followed the European Court of Human Rights case Salduz v Turkey and held that it breached the right to a fair trial for the prosecution to rely on admissions made by a suspect held in Scotland who had been refused access to a solicitor before interview. The Scottish Parliament passed emergency legislation within days, and the right to a solicitor, including having one present during interview, is now set out in the Criminal Justice (Scotland) Act 2016.
What is a voluntary police interview in Scotland?
It is an interview you attend without being arrested, often by arrangement at a police station. The key rights still apply: police must tell you about the suspected offence and that you do not have to answer questions, you can have a solicitor present, and you can have an interpreter if needed. Because you are not under arrest, you can usually leave, although police could decide to arrest you if they have grounds. Legal aid rules for voluntary interviews may differ, so ask a solicitor about cost.
Will my police interview be recorded in Scotland?
Police interviews of suspects in Scotland are normally recorded, and the recording, or a transcript of it, can be played or referred to at a later trial. The recording protects both you and the officers by showing exactly what was said. If you are unhappy about how an interview was conducted, for example if you were pressured or refused a solicitor, your solicitor can raise this, and the court decides whether the evidence was fairly obtained and can be used.
Can I have an interpreter in a police interview in Scotland?
Yes. Under the Right to Interpretation and Translation in Criminal Proceedings (Scotland) Regulations 2014, police must take reasonable steps to find out whether you need help because you do not speak or understand English or have a hearing or speech impairment. If you do, they must arrange an interpreter as soon as reasonably practicable, including for a voluntary interview. Interpretation must be free. It can be provided remotely only where that would not affect fairness. The Letter of Rights is available in many languages.
Can police question me after I have been charged in Scotland?
Not usually. Once you are officially accused, meaning charged by police or taken to court, officers generally cannot interview you about that offence. Under section 35 of the Criminal Justice (Scotland) Act 2016, they must first get authorisation from a sheriff or High Court judge, who will only grant it if further questioning is necessary in the interests of justice. The court considers how serious the offence is and whether the questions could have been asked earlier, and it can set conditions to keep the questioning fair.
What happens after a police interview in Scotland?
Several outcomes are possible. Police may release you without charge, release you on investigative liberation with conditions while they investigate further, or charge you. If you are charged, you may be released and reported to the Procurator Fiscal, released on an undertaking to appear at court, or kept in custody to appear at court, usually the next day it sits. For some minor offences police can offer a Recorded Police Warning instead. The Procurator Fiscal, not the police, decides whether to prosecute.
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, Part 1 Chapter 4 (police interview)
- Criminal Justice (Scotland) Act 2016, Part 1 Chapter 5 (rights of suspects)
- Right to Interpretation and Translation in Criminal Proceedings (Scotland) Regulations 2014
- Legal advice at a police station (mygov.scot)
- Letter of rights: answering questions from the police (Scottish Government)
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