Being arrested is frightening, whether it’s happening to you or to someone you love. You might already know exactly what led up to it, or you might feel completely in the dark. Either way, here’s what happens next, and what your rights are, in plain English.
Being told why. The police have to tell you, as soon as possible, what you’re being arrested for, and explain your basic rights.
The right to stay silent. Beyond confirming your name, address, date of birth, place of birth and nationality, you don’t have to answer any police questions. Anything you do say can be used in evidence, so it’s fine to stay quiet until you’ve had legal advice.
A free solicitor. Everyone held in police custody in Scotland has the right to free legal advice – you can ask for a specific solicitor, or the police will contact a duty solicitor for you. Anyone under 18 can’t be interviewed without a solicitor present, even if they say they don’t want one.
Telling someone. You’re allowed to have one other person – a family member or friend – told that you’re in custody. The police should do this without unreasonable delay, unless they believe it could get in the way of the investigation.
Time limits. The police can hold you for up to 24 hours before they must either charge you or let you go, with reviews of your detention at 6 and 18 hours. In more serious cases, this can be extended by a further 12 hours.
What happens next. If you’re released without charge, you might be released with an “undertaking” to appear in court on a set date, or under “investigative liberation” with conditions attached while enquiries continue. If you are charged, you’ll usually appear in court soon after – often the next available court day.