Rights in Police Custody in Scotland
Reviewed by the Commoner Law Editorial Team. Sourced from UK Acts of Parliament, statutory instruments, and official guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
The custody officer is the most important person in the building. Sergeant rank or above, independent of the investigation, and personally responsible for everything that happens to you while you're held — that's the structure PACE built in 1984 to stop the previous era's abuses, and it's still the load-bearing safeguard. Every decision goes on the custody record, which you can ask to see and which becomes evidence later.
Your core rights at the station are:
- Free legal advice from a solicitor — 24/7 through the duty solicitor scheme
- Have someone informed that you've been arrested
- See the PACE Codes of Practice on request
- Medical attention if you need it — including a Forensic Medical Examiner
- Regular meals, toilet access, and 8 hours of uninterrupted rest in any 24-hour period
The custody officer has to explain these rights and hand you a written notice setting them out. If they don't, that's a Code C breach — and Code C breaches are the bread and butter of evidence-exclusion arguments at trial.
When does it apply?
- Police can normally hold you for up to 24 hours before they must charge you or release you.
- A superintendent can extend this to 36 hours for indictable (serious) offences.
- A magistrates' court can extend detention to 96 hours (4 days) maximum.
- For terrorism offences, detention can be extended up to 14 days with court approval.
- Your right to legal advice can only be delayed in very limited circumstances (serious indictable offences, authorised by a superintendent) — and only for up to 36 hours.
What to Do If You Are Held in Police Custody in the UK
Use the rights, and use them in the right order. Solicitor first, everything else second.
- Ask for a solicitor straight away. Don't wait "to see how it goes." The duty solicitor is free and the police must arrange them.
- Ask for someone to be informed of your arrest — even if you don't think anyone's worrying yet.
- Read the custody record when you can. Every search, every visit, every meal goes on it. You can request a copy after release.
- If you're unwell or need medication, tell the custody officer immediately — they have to arrange a Forensic Medical Examiner.
- You can consult your solicitor privately before and during any interview. Use the breaks.
What should you NOT do?
- Don't waive your right to a solicitor because someone hints it'll speed things up. It won't, and getting advice never works against you.
- Don't sign anything without reading it carefully and running it past your solicitor first.
- Don't chat with officers in the corridor, the cell, or the van. Comments outside formal interviews still get noted, and they still come up in court.
How Scotland differs from UK national law
Scottish custody rights differ from England & Wales:
- Under the Criminal Justice (Scotland) Act 2016, you have the right to a solicitor before and during any police interview.
- Police can detain you for up to 12 hours (extendable to 24 hours with authorisation) for investigation — different from the 24-hour baseline in England.
- There is a stronger right to access to a solicitor following the landmark Cadder v HM Advocate [2010] ruling.
- The corroboration rule still applies in Scots law — generally, every key fact must be supported by evidence from two independent sources.
Additional Steps in Scotland
- Request a solicitor immediately — the Scottish Legal Aid Board provides Solicitor Contact Line services 24/7.
Relevant Law: Criminal Justice (Scotland) Act 2016, Part 1
Common Questions
When does rights in police custody apply?
Police can normally hold you for up to 24 hours before they must charge you or release you.A superintendent can extend this to 36 hours for indictable (serious) offences.A magistrates' court can extend detention to 96 hours (4 days) maximum.For terrorism offences, detention can be extended up to 14 days with court approval.Your right to legal advice can only be delayed in very limited circumstances (serious indictable offences, authorised by a superintendent) — and only for up to 36 hours.
What should I do if I am being held in police custody in the UK?
Use the rights, and use them in the right order. Solicitor first, everything else second.Ask for a solicitor straight away. Don't wait "to see how it goes." The duty solicitor is free and the police must arrange them.Ask for someone to be informed of your arrest — even if you don't think anyone's worrying yet.Read the custody record when you can. Every search, every visit, every meal goes on it. You can request a copy after release.If you're unwell or need medication, tell the custody officer immediately — they have to arrange a Forensic Medical Examiner.You can consult your solicito...
What mistakes should I avoid with rights in police custody?
Don't waive your right to a solicitor because someone hints it'll speed things up. It won't, and getting advice never works against you.Don't sign anything without reading it carefully and running it past your solicitor first.Don't chat with officers in the corridor, the cell, or the van. Comments outside formal interviews still get noted, and they still come up in court.