When Someone You Know Is Arrested in Scotland: 12 questions answered
If someone you know is arrested in Scotland, police can usually hold them for up to 12 hours without charge, or 24 in some cases. They can ask for an adult to be told where they are, and police must tell a parent if they are under 16. Legal advice in police custody is free.
Law checked as at 25 September 2026. Legal information only, not legal advice. See how we check this page and recent changes.
How do I find out where someone is being held by police in Scotland?
Usually the most reliable way is to wait to be contacted, because police only have to tell another adult where someone is held if the person in custody asks for that. You can call Police Scotland on 101, but officers may be limited in what they can tell you without the person's agreement. If the person has a solicitor, the solicitor can usually find out where they are. If the person is under 16, police must contact a parent even if the child does not ask.
Do police in Scotland have to tell the family when someone is arrested?
Only if the person asks, unless they are under 16. Under section 38 of the Criminal Justice (Scotland) Act 2016, anyone in police custody can have an adult they reasonably name told that they are in custody and where. Police must do this as soon as reasonably practicable. A sergeant not involved in the case can allow a delay only where necessary for investigating or preventing crime or catching offenders, or for a child's wellbeing. Where police believe the person is under 16, they must tell a parent whether or not the child asks.
Can I get a solicitor for someone arrested in Scotland, and is it free?
Legal advice for anyone in police custody in Scotland is free, whatever their income. Under sections 43 and 44 of the Criminal Justice (Scotland) Act 2016, the person can have a solicitor told they are in custody and can consult a solicitor privately. They can name their own solicitor or use the duty solicitor, and police arrange this through the Scottish Legal Aid Board's Solicitor Contact Line. As a relative, you can contact a criminal defence solicitor and ask them to help, but the person in custody decides who advises them.
Can I visit or phone someone in police custody in Scotland?
For adults, there is no legal right to a family visit in police custody, and any visit is at the police's discretion. The person has no right to make a phone call themselves; instead, police send word to the adult they name. Children have extra rights. Under section 40 of the Criminal Justice (Scotland) Act 2016, a parent must be allowed access to a child under 16, and a 16 or 17 year old can ask to see the adult who was told. Access can be refused or restricted only in exceptional circumstances.
Can I take medication, clothes or food to a police station in Scotland?
You can ask, but police decide what is accepted, so phone the custody centre first. If the person needs medication or has a health condition, tell police as soon as possible so it can be checked by healthcare staff. People in custody are entitled to medical help if they are unwell, and to regular meals and drinks. Clothing may be taken as evidence or for safety, and police can provide replacement clothing, but you may be able to hand in clean clothes from home.
How long can police keep someone in custody in Scotland?
Usually no more than 12 hours without charge. Under the Criminal Justice (Scotland) Act 2016, the clock starts when a sergeant authorises the person's custody at the police station, and an inspector reviews it after 6 hours. A senior officer (an inspector, or a chief inspector if the person is under 18) can authorise up to 12 more hours, making 24 in total, but only for an indictable offence and where the investigation is being carried out diligently. By the end of the limit, police must charge or release the person, who may be released with or without conditions or on an undertaking to appear at court.
What happens if they are charged and kept in custody for court in Scotland?
Under section 21 of the Criminal Justice (Scotland) Act 2016, they must be brought before a court, if practicable, by the end of the first day the court sits after they are charged. This is often called the next lawful day. They may appear in person or by video link. Less serious cases call on a complaint, usually in open court, so family can often attend. Serious cases call on petition, which is heard in private. At this first appearance, the court decides whether to grant bail or remand the person in custody.
Do I need to put up money or be a surety for bail in Scotland?
Usually not. In Scotland, bail is granted on conditions rather than money, and section 24 of the Criminal Procedure (Scotland) Act 1995 says bail cannot lawfully be granted for a pledge or deposit of money. The only exception is that a court may require the accused, or a cautioner on their behalf, to deposit money if satisfied this suits the special circumstances of the case. Family members are not asked to act as sureties who promise to pay if the accused fails to appear. Family can still help, for example by confirming a suitable address.
What does remand mean in Scotland, and how do I visit someone on remand?
Remand means the court has refused bail, so the person is held in prison until trial or a later hearing. Under-18s go to secure accommodation, not prison. The Scottish Prison Service will not confirm who is in custody, so the person will normally phone you to say where they are. SPS says remand prisoners are entitled to a visit of at least 30 minutes on any weekday. Booking varies: at some prisons families book remand visits by phone, at others the prisoner books. Check the prison's page on the SPS website and bring photo ID.
What happens if the person arrested in Scotland is a child?
Children under 12 cannot be arrested, as 12 is the age of criminal responsibility. If police believe a child in custody is under 16, they must tell a parent and allow them access, while a 16 or 17 year old can choose an adult to be told and to visit. Since 30 March 2026, no one under 18 can agree to be interviewed as a suspect without a solicitor present. Social work must be told when an under-18 is in custody, and a parent must be told if the child is to appear in court. Many under-16s are referred to the Children's Reporter instead.
Should I tell their employer, and what should I avoid doing?
Whether to tell an employer is normally the arrested person's own decision. There is generally no legal duty to report an arrest to an employer, although some contracts and professions have their own rules. If they are held and will miss work, you could, with their agreement, simply say they cannot attend. Avoid discussing the case on the phone, by letter or online, as prison letters and calls can be monitored. Do not contact witnesses or the complainer, because breaking a bail or undertaking condition is a criminal offence in Scotland.
Where can families get support in Scotland?
Families Outside is the national charity in Scotland supporting families affected by imprisonment. Its free helpline, 0800 254 0088, can explain what happens after an arrest, at court and in prison. It is open Monday to Thursday, 10am to 4pm, and you can also email support@familiesoutside.org.uk. Most Scottish prisons have a visitors' centre run by independent organisations, and prisons have Family Contact Officers. If you are worried about someone's wellbeing in prison, call that prison's main number and press 9 for its 24-hour concern line.
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Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
- Criminal Justice (Scotland) Act 2016, section 38 (right to have intimation sent to other person)
- Criminal Justice (Scotland) Act 2016, section 40 (right of under 18s to have access to other person)
- Criminal Justice (Scotland) Act 2016, section 21 (person to be brought before court)
- Criminal Procedure (Scotland) Act 1995, section 24 (bail and bail conditions)
- Visits (Scottish Prison Service)
- Support and Information Helpline (Families Outside)
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