Scotland · Your situation

Stopped or searched by police in Scotland: what are my rights?

In Scotland, police can only search you if a law or a warrant gives them the power: searches 'by consent' ended in 2017. If an officer reasonably suspects you of an offence, they can require your name, address, date of birth, place of birth and nationality, and refusing without a reasonable excuse is an offence. The same applies if the officer believes you have information about an offence as a witness (section 13 of the Criminal Procedure (Scotland) Act 1995). Beyond those details you do not have to answer questions or explain yourself. You should be told why you are being searched, and you can ask for a record of the search. Drivers must stop when directed and give their name and address.

Law checked as at 25 September 2026. Legal information only, not legal advice. See how we check and recent changes.

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What happens and your rights

Stage 1: Stopped by police

An officer may speak to you, ask questions or search you. Since 2017 police in Scotland can only search someone not in custody using a specific legal power or warrant, never 'by consent' (Criminal Justice (Scotland) Act 2016 s.65). Being stopped is not the same as being arrested.

Time limits

A person required to stay while details are checked can be kept only briefly, while verification can be obtained quickly (CP(S)A 1995 s.13).

Your rights

If an officer reasonably suspects you of an offence (or believes you are a witness), you must give your name, address, date of birth, place of birth and nationality; refusing without reasonable excuse is an offence (CP(S)A 1995 s.13).
Beyond those details you do not have to answer questions or explain yourself.
You should be told why you are being searched and can ask for a record of the search.
Drivers must stop when directed and give their name and address.

Questions to ask your solicitor