Being arrested is an understandable stressful and sometimes even scary experience, especially if you’re being accused of something that you didn’t do. When in a state of shock or distress, everything you once knew about the arrest process and your rights once in custody may seem to just vanish from memory. Alternatively, you might just be completely unaware of what happens in these kinds of situations.
This blog from
Lefevre Litigation outlines exactly what should happen when you’re being arrested so that you can ensure proper procedures are being followed and your rights are being upheld.
Grounds for arrest
The police can arrest you anywhere and at any time.
In Scotland, the police require reasonable grounds to arrest you for your involvement in a crime. Reasonable ground for arrest can include:
● You're suspected of committing a crime and the police want to question you about it.
● The police already have enough evidence to charge you with a crime.
● The police have an arrest warrant – for example because you failed to attend court or you broke your bail or probation conditions.
● You broke conditions of a civil interdict (a court order that stops you from doing certain things) with a power to arrest.
The arrest procedure
Upon your arrest, the police must:
● Identify themselves as police
● Tell you that you're being arrested
● Tell you the crime you’re suspected of
● Explain why it's necessary to arrest you
● Tell you that you don't need to say anything other than your name, address, date and place of birth and nationality. They usually do this using the police caution (“You do not have to say anything…”).
The police have powers to search you when you're arrested.
Following your arrest, you'll usually be taken to a police station, held in custody, and questioned. You will then either be released without charge or charged with a crime.
Your rights in custody
The custody officer at the police station must explain your rights. These include the rights to:
● Know why you are being detained at the police station
● A consultation with a solicitor at any time
● Ask for someone to be told where you are
● An interpreter, if you don't speak or understand English
● Communication assistance – for example, if you're deaf or have difficulty understanding
● Medical help
● Remain silent or refuse to answer a question
● A written notice telling you about your rights, such as regular food breaks and access to toilet facilities
● Having a solicitor present during questioning
Some of these rights differ
if you’re under 18 or are considered a vulnerable adult.
How long you can be held in custody
If you're suspected of a crime but have not been charged, you can remain in custody for up to 12 hours before the police either have to charge you with a crime or release you. This can be extended to a maximum of 24 hours with the approval of a senior police officer. You can be held without charge for up to 14 days if you're arrested under the Terrorism Act.
Do you require a
criminal law solicitor?
Lefevre Litigation is a reputable law firm in Aberdeen specialising in criminal defence law. For more information, visit our website or
contact us today.
