Scotland Criminal Law
Be Wise Apps

Your rights.
Know the law.

Free, plain-English help with police stops, custody, interviews, the Procurator Fiscal, court, sentencing and criminal records in Scotland: an AI assistant, step-by-step tools and hundreds of answers to common questions.

AdvertisementYour legal firm could appear here. Contact us if you wish to advertise · Learn more
Quick tools

Guides & FAQs

296 plain-English answers about criminal law in Scotland, written from official sources and checked 25 September 2026.

Browse all guides →28 offence guides →Where our information comes from →

Common questions

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.

More on this →
Do I have to give my name and address to police during a stop and search?

Not just because you are being searched. The Code of Practice says you have no obligation to give your name, address or date of birth for the search record, and officers should not ask for them for that purpose. However, a different rule applies if an officer reasonably suspects you have committed or are committing an offence. Under section 13 of the Criminal Procedure (Scotland) Act 1995 they can then require your name, address, date of birth, place of birth and nationality, and refusing without reasonable excuse is an offence with a fine of up to £1,000.

More on this →
How long can police keep me in custody without charge in Scotland?

Usually no more than 12 hours. The clock starts when a sergeant authorises your detention at the police station, and an inspector must review whether you still need to be held after 6 hours. An inspector (a chief inspector if you are under 18) can extend this by a further 12 hours, to a maximum of 24 hours, but only for an indictable offence and where the investigation is being carried out diligently. You or your solicitor can make representations first. After the limit, you must be charged or released.

More on this →
Is legal advice at a police station free in Scotland?

Yes. Advice from a solicitor while you are in police custody in Scotland is free, whatever your income or savings. You have a legal right to a private consultation with a solicitor at any time, by phone or in person, and to have a solicitor present during a police interview. You can name your own solicitor or ask for the duty solicitor. Solicitors who give this advice are independent of the police, and asking for one does not make it look as if you have done something wrong.

More on this →
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.

More on this →
What is a Recorded Police Warning in Scotland?

A Recorded Police Warning is a warning given by a police officer, rather than the Procurator Fiscal, for certain less serious offences committed by adults aged 18 or over, under guidelines issued by the Lord Advocate. You do not have to admit the offence, but you must be given the choice to accept or refuse. If you refuse, the case can be reported to the fiscal, and your refusal will be noted. Warnings are generally not used for sexual offences, domestic abuse, hate crime or where more than superficial injury was caused.

More on this →
What happens to convictions for offences committed under 18?

Since 1 April 2025, a conviction for an offence committed when you were under 18 is generally spent immediately, because of changes made by the Disclosure (Scotland) Act 2020. It will not appear on a Level 1 disclosure and you do not usually have to declare it. There are two exceptions: a custodial sentence of more than 48 months, which never becomes spent, and a custodial sentence of more than 12 months for certain sexual offences, which has a disclosure period. Childhood convictions can still appear on Level 2 and PVG checks, but only after Disclosure Scotland reviews whether they should be included.

More on this →
What is the drink-drive limit in Scotland?

Scotland's drink-drive limit is 22 microgrammes of alcohol in 100 millilitres of breath, 50 milligrammes in 100 millilitres of blood, or 67 milligrammes in 100 millilitres of urine. These limits have applied since 5 December 2014 under the Road Traffic Act 1988 (Prescribed Limit) (Scotland) Regulations 2014. They are lower than the limits in the rest of the UK, so an amount of alcohol that is legal elsewhere could put you over the limit in Scotland. There is no reliable safe amount to drink before driving, and alcohol can still be in your system the next morning.

More on this →
Is the not proven verdict still used in Scotland?

No. The not proven verdict was abolished for criminal trials that started on or after 1 January 2026, under the Victims, Witnesses, and Justice Reform (Scotland) Act 2025. Juries and judges now return a verdict of either guilty or not guilty on each charge, in both summary and solemn cases. A trial counts as starting when the first witness takes the oath in a summary case, or when the jury is sworn in a solemn case. A not proven verdict given in an earlier trial had the same legal effect as not guilty: the person was acquitted and cannot normally be tried again for the same charge.

More on this →
How do I report a crime in Scotland?

In an emergency, or if a crime is happening now, call 999. For non-emergencies, call Police Scotland on 101, or use the online reporting options on the Police Scotland website for some types of crime. If you want to stay anonymous, you can contact the independent charity Crimestoppers on 0800 555 111. When you report a crime, you should be given a reference number. Police Scotland can refer you to victim support services, and from 1 October 2026 the police must explain your right to be referred and pass on your details if you agree.

More on this →
AdvertisementAdvertise your practice here. Contact us if you wish to advertise · More info
LawBot — live guidance
What's happening right now?
Browse by topic
Quick questions — tap to ask
Official sources

With police right now?

Stay calm. Here's what you need to know right now. Once you've opened Be Crime Wise with a connection, this page works even with no signal.

  • "I want to speak to a solicitor."
  • "I won't answer any questions until I've spoken to a solicitor."
  • If you're being searched: "What power are you using to search me?" and "Can I have a record of the search?"
  • "I'd like someone told where I am."

Say nothing beyond what's below until you've spoken to a solicitor. This applies whether or not you've done anything wrong. It is standard advice, and asking for a solicitor is never a sign of guilt. Scotland has no rule allowing a court to draw an adverse inference from your silence at a police interview. Anything you do say, including casual or "off the record" remarks, can be noted and used later.

Ask for a solicitor straight away. Advice is free, independent of the police and available whatever your income: through the Solicitor Contact Line or a solicitor you name. You can consult them in private before and, if you ask, during any interview. Since 30 March 2026, nobody under 18 can agree to be interviewed without a solicitor.

You can have a named adult told where you are. For under-16s, a parent or guardian is told automatically; 16 and 17-year-olds can choose, and social work is told about anyone under 18. This can be delayed only in limited circumstances.

Under the Criminal Justice (Scotland) Act 2016, police can keep you in custody without charge for up to 12 hours, with a review after 6 hours. An inspector (a chief inspector if you are under 18) can extend this once by up to 12 more hours, but only for an offence that can be tried on indictment. Then you must be charged or released. If you are charged and kept in custody, you will normally go to court on the next court day. Terrorism cases have different limits.

Without chargeup to 12 hours
Reviewafter 6 hours
Extension (serious cases)up to 12 more hours (24 total)
After thatcharged or released

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 (section 13, Criminal Procedure (Scotland) Act 1995). In police custody, those details are the only questions you have to answer (section 34, Criminal Justice (Scotland) Act 2016). Beyond that, you don't have to explain yourself, answer questions or account for your movements before getting legal advice. Stay calm, keep your hands visible, and don't physically resist even if you disagree. Challenge it afterwards, through a solicitor or a complaint.

Select your council area to find criminal law solicitors near you

What each offence means, where it is tried, the maximum penalty and common defences

Violence

Assault

Assault in Scotland is a common law crime: any deliberate attack on another person, whether or not it causes injury. A threatening gesture that puts someone in fear can be enough. The charge can be aggravated, for example by injury, use of a weapon, domestic abuse or prejudice.

Law, penalties, defences & FAQs →
Violence

Assault to severe injury and danger of life

Assault to severe injury and danger of life is common law assault with aggravations stating that the attack caused serious injury and put the complainer's life at risk. It is one of the gravest non-fatal assault charges in Scotland and is normally prosecuted before a jury.

Law, penalties, defences & FAQs →
Violence

Assaulting or obstructing police and emergency workers

It is an offence in Scotland to assault, resist, obstruct or hinder a police officer or member of police staff acting in that role (2012 Act, s.90), or to assault, obstruct or hinder emergency workers such as firefighters, ambulance staff, doctors and nurses (2005 Act).

Law, penalties, defences & FAQs →
Theft, dishonesty & damage

Theft

Theft in Scotland is a common law crime: taking or keeping someone else's property without their consent, intending to deprive them of it. It covers everything from minor thefts to large-scale stealing, and the value and circumstances decide which court deals with it.

Law, penalties, defences & FAQs →
Theft, dishonesty & damage

Shoplifting

Shoplifting is stealing goods on sale from a shop. Scotland has no separate shoplifting offence: it is prosecuted as common law theft, usually described as 'theft by shoplifting', whatever the value of the goods taken. Low-level cases can sometimes be dealt with without court.

Law, penalties, defences & FAQs →
Violence

Robbery

Robbery in Scotland is a common law crime: stealing property by using violence, or threats of violence, to overcome the victim. It is usually charged as 'assault and robbery' and is one of the most serious crimes of dishonesty, often tried before a jury or in the High Court.

Law, penalties, defences & FAQs →
Theft, dishonesty & damage

Housebreaking

Housebreaking is breaking into a building by overcoming its security. In Scotland, theft by housebreaking and housebreaking with intent to steal are common law crimes. They apply to any secured building, not only homes, and are treated as serious crimes of dishonesty.

Law, penalties, defences & FAQs →
Theft, dishonesty & damage

Reset

Reset is the Scots common law crime of receiving or keeping property knowing it was obtained by theft, robbery, fraud or embezzlement, intending to keep it from its owner. It is Scotland's equivalent of handling stolen goods and usually involves buying or storing stolen items.

Law, penalties, defences & FAQs →
Theft, dishonesty & damage

Fraud, uttering and embezzlement

Fraud in Scotland is the common law crime of deceiving someone by a false pretence so that they do something they would not otherwise do. Uttering is passing off a forged document as genuine, and embezzlement is dishonestly misusing property you were trusted to manage.

Law, penalties, defences & FAQs →
Theft, dishonesty & damage

Vandalism and malicious mischief

Vandalism is the statutory offence of wilfully or recklessly destroying or damaging someone else's property without reasonable excuse, under section 52 of the 1995 Act. Malicious mischief is the related common law crime, often used for serious or costly damage.

Law, penalties, defences & FAQs →
Theft, dishonesty & damage

Fire-raising

Fire-raising is the Scots common law crime of setting fire to property. Wilful fire-raising means intentionally setting fire to property; culpable and reckless fire-raising means causing a fire through reckless disregard of the consequences. Scots law does not use the term arson.

Law, penalties, defences & FAQs →
Harassment, public order & online

Breach of the peace

Breach of the peace is a Scots common law crime: conduct severe enough to cause alarm to ordinary people and threaten serious disturbance to the community. It needs a public element, so since 2010 private conduct is usually charged as threatening or abusive behaviour instead.

Law, penalties, defences & FAQs →
Harassment, public order & online

Threatening or abusive behaviour

Under section 38 of the Criminal Justice and Licensing (Scotland) Act 2010, it is an offence to behave in a threatening or abusive way that would be likely to cause a reasonable person fear or alarm, intending or being reckless about causing it. It applies in public and in private.

Law, penalties, defences & FAQs →
Harassment, public order & online

Stalking

Stalking is an offence under section 39 of the Criminal Justice and Licensing (Scotland) Act 2010. It is a course of conduct, on at least two occasions, that causes someone fear or alarm, where the stalker intended this or knew or ought to have known it was likely.

Law, penalties, defences & FAQs →
Violence

Domestic abuse

Domestic abuse is a specific crime in Scotland under section 1 of the Domestic Abuse (Scotland) Act 2018. It covers a course of abusive behaviour towards a partner or ex-partner, including coercive and controlling behaviour as well as violence. Other crimes against a partner can carry a domestic abuse aggravation.

Law, penalties, defences & FAQs →
Drugs & weapons

Possession of a controlled drug

Possessing a controlled drug is an offence under section 5(2) of the Misuse of Drugs Act 1971, which applies in Scotland. Drugs are Class A, B or C. In Scotland, police can deal with some personal-use possession by a Recorded Police Warning instead of reporting it to the Procurator Fiscal.

Law, penalties, defences & FAQs →
Drugs & weapons

Supplying or possessing with intent to supply a controlled drug

Supplying a controlled drug, offering to supply it, being concerned in its supply, or possessing it intending to supply others are offences under the Misuse of Drugs Act 1971. Supply includes sharing or giving drugs to friends, not just selling. Supplying Class A drugs carries up to life imprisonment.

Law, penalties, defences & FAQs →
Driving

Drink driving

Drink driving means driving, attempting to drive or being in charge of a motor vehicle with alcohol above the legal limit. Scotland's limits are lower than England's: 22 microgrammes per 100ml of breath, 50mg per 100ml of blood or 67mg per 100ml of urine. A conviction for driving means a ban of at least 12 months.

Law, penalties, defences & FAQs →
Driving

Drug driving

Drug driving covers two offences: driving while unfit through drugs (section 4) and driving with a specified controlled drug in the blood above a set limit (section 5A). Scotland has set its own limits, in force since 21 October 2019, with very low limits for illegal drugs such as cannabis and cocaine.

Law, penalties, defences & FAQs →
Driving

Dangerous driving

Dangerous driving is driving that falls far below what would be expected of a competent and careful driver, where it would be obvious to such a driver that driving that way was dangerous. It is an offence under section 2 of the Road Traffic Act 1988 and brings an obligatory ban and extended retest.

Law, penalties, defences & FAQs →
Driving

Careless driving

Careless driving means driving without due care and attention or without reasonable consideration for other road users, an offence under section 3 of the Road Traffic Act 1988. It covers driving that falls below, but not far below, the standard of a competent and careful driver, and is punished by a fine and points.

Law, penalties, defences & FAQs →
Driving

Driving without insurance

Under section 143 of the Road Traffic Act 1988 it is an offence to use a motor vehicle on a road or other public place without valid third-party insurance, or to cause or permit someone else to do so. It carries 6 to 8 penalty points and police can seize the vehicle.

Law, penalties, defences & FAQs →
Driving

Speeding

Speeding means driving a motor vehicle on a road faster than the speed limit for that road or vehicle, an offence under section 89 of the Road Traffic Regulation Act 1984. In Scotland most cases are dealt with by a conditional offer of a £100 fixed penalty and 3 points, but serious cases go to court.

Law, penalties, defences & FAQs →
Driving

Using a hand-held mobile phone while driving

It is an offence to use a hand-held mobile phone or other device that can send or receive data while driving a motor vehicle on a road, even when stopped at lights or in traffic. Since 25 March 2022 almost any hand-held use is covered. The usual penalty is £200 and 6 points.

Law, penalties, defences & FAQs →
Drugs & weapons

Offensive weapons and knives

In Scotland it is an offence to have an offensive weapon in a public place (section 47) or an article with a blade or sharp point in a public place (section 49) without a reasonable excuse or lawful authority. Folding pocketknives with a blade of 3 inches or less are exempt. Both carry up to 5 years.

Law, penalties, defences & FAQs →
Harassment, public order & online

Hate crime

Scottish hate crime law is mainly in the Hate Crime and Public Order (Scotland) Act 2021, in force since 1 April 2024. Any offence can be aggravated by prejudice based on age, disability, race, religion, sexual orientation, transgender identity or sex characteristics. Stirring up hatred is a separate offence.

Law, penalties, defences & FAQs →
Harassment, public order & online

Threatening, abusive or offensive communications

Section 127 of the Communications Act 2003 makes it an offence in Scotland to send a grossly offensive, indecent, obscene or menacing message over a public electronic network, such as by phone, text, email or social media. It also covers false messages or persistent use intended to cause annoyance or anxiety.

Law, penalties, defences & FAQs →
Harassment, public order & online

Disclosing or threatening to disclose intimate images

In Scotland it is an offence to share, or threaten to share, a photo or film showing someone in an intimate situation without consent, intending to cause fear, alarm or distress or being reckless about it. It is in section 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 and carries up to 5 years.

Law, penalties, defences & FAQs →

See all offence guides on one page

What happens next?

The criminal process in Scotland, step by step

Spent convictions checker

When does a conviction or caution stop needing to be declared?

Penalty points calculator

Totting up, the new driver rule and drink-drive limits

Tools & guides

Everything in Be Crime Wise (Scotland) in one place

Guilty plea discount

How much a guilty plea can reduce a sentence

Stop and search checker

Was it done properly? What to do next

Someone I know has been arrested

What happens to them, and how you can help

Victims and witnesses

Support, your rights and what happens next

Court and solicitor checklists

Be ready for court, and get the most from your solicitor

Advertiser dashboard

How a listing is performing

This sample shows the figures advertisers see. On this page the numbers are counted on this device only.

Be Crime Wise (Scotland) gives free, plain-English information about criminal law in Scotland, for anyone dealing with the police or the courts: people who have been stopped, arrested or charged, their families, and victims and witnesses.

Scotland has its own legal system

Scotland's criminal justice system is separate from England and Wales, with its own courts (the Justice of the Peace Court, the Sheriff Court and the High Court of Justiciary), its own prosecutor (the Crown Office and Procurator Fiscal Service), its own terminology (e.g. "housebreaking" instead of "burglary", solemn and summary procedure instead of "triable either way"), and its own regulator for solicitors, the Law Society of Scotland. Everything in this app is written with Scots law specifically in mind.

What's in the app

LawBot, an AI assistant for general questions; Emergency Mode for when you're with police right now (it works offline once you've opened the app); a step-by-step guide to what happens next; help for family and friends when someone is arrested; a victims and witnesses section; a stop and search checker; a spent convictions checker; a penalty points calculator; a guilty plea discount tool; court and solicitor checklists; 28 offence guides; 13 topic guides; a glossary; a solicitor finder; and reminders for court dates and bail.

Where our information comes from

Our guides are written from legislation and official guidance, and each was checked a second time, separately, against the law as at 25 September 2026. See our sources, how we check and recent changes to the law. LawBot is an AI system and can make mistakes, so check anything important with a solicitor.

What we don't do

Be Crime Wise (Scotland) does not provide legal advice. Nothing in this app creates a solicitor-client relationship. Always consult a qualified solicitor for advice on your own situation. Legal advice at the police station is free.

Contact

Contact: send us a message

Advertise on Be Crime Wise (Scotland)

Reach people actively seeking criminal law help in Scotland. Each council area listing page holds 2 solicitor slots.

Council Area Listing (Featured)

Thistle-bordered card, shown first for your council area — firm name, specialisms, phone and website.

£60 per month

Council Area Listing (Standard)

Standard listing shown to every user who selects your council area.

£50 per month

See what advertisers get

Every listing comes with a dashboard showing how many people viewed it and tapped to call or visit your website.

Request a listing

Choose your council area and listing type, add your firm's details and preview your card. It only takes a couple of minutes.

Get in touch

To book a listing or discuss advertising:
Use our contact form

Be Crime Wise (Scotland)

We're here to help. Reach out by email or WhatsApp and we'll get back to you as soon as possible.

WhatsApp

Fastest way to reach us

Message us on WhatsApp for quick questions about the app, advertising enquiries, or general support.

Email

For formal enquiries & feedback

Send us a message for advertising enquiries, partnership opportunities, or feedback. We aim to respond within 24–48 hours.

Email UsContact us

Be Crime Wise (Scotland) is an information service — we cannot provide legal advice. For legal assistance, please use Find a Solicitor to locate a qualified criminal law solicitor in your area.

Be Crime Wise (Scotland)
Your rights. Know the law. · Scotland

Make the app work the way you need it to

Upcoming reminders

More

Saved answers

Chat history

Install Be Crime Wise (Scotland)Add to your home screen for quick access