Police Station Consultation

Do I Have the Right to a Solicitor at a Police Station in Scotland?

The same right applies to someone attending a police station or another location voluntarily for that purpose.

You can speak privately with a solicitor. Scottish Government guidance states that you can choose a solicitor you know or use the on-call solicitor.

Requesting legal advice should not be viewed as an admission of guilt.

What Happens During a Police Interview?

Before questioning a suspect about an offence, police must provide certain information.

This includes the general nature of the suspected offence and information about the right to have a solicitor present.

You are not normally required to answer questions about the alleged offence. Scottish Government guidance states that a person has the right to remain silent, subject to providing specified personal information such as their name, address, date and place of birth and nationality.

A solicitor can advise you on your legal position before and during the interview.

Police Station Consultation: Step by Step

Can the Police Interview Me Without a Solicitor?

The general rule is that where a person exercises their right to have a solicitor present, police must not begin the interview until the solicitor is there.

There are statutory exceptions.

Section 32 of the Criminal Justice (Scotland) Act 2016 permits an interview to proceed without the solicitor in exceptional circumstances where questioning without delay is necessary in the interests of investigating or preventing crime, or apprehending offenders.

Do I Have a Right to Remain Silent?

A suspect has a right not to answer questions concerning the alleged offence, subject to requirements concerning specified personal details.

The decision can depend on the allegation and information available at the time.

A solicitor can listen to your account, consider the information provided by police and advise you before questioning starts.

How Long Can Police Keep Me in Custody?

The current Scottish Government Letter of Rights states that police can ordinarily keep an arrested person in custody for up to 12 hours without charging them with an offence.

That period can be extended to a maximum of 24 hours where the relevant statutory requirements are met and the necessary authorisation is given.

The person has a right to make representations concerning an extension, or their solicitor can do so on their behalf.

The position after charge is different. A person may be released or kept in custody for a court appearance, depending on the circumstances.

What If I Attend the Police Station Voluntarily?

Section 32 expressly extends the right to have a solicitor present to someone attending voluntarily for an interview concerning an offence they are reasonably suspected of committing.

If police ask you to attend voluntarily, you can seek advice before the appointment rather than waiting until questioning begins.

Your solicitor can explain the difference between voluntary attendance and being under arrest and advise you about the interview.

What Happens After a Police Interview?

Several outcomes are possible depending on the investigation.

You may be released without being charged at that stage. Police enquiries may continue.

If you are charged, you may be released or kept in custody for a court appearance. Scottish Government guidance confirms that a charged person who remains in custody may be taken to court on the next possible day.

A solicitor can explain any undertaking, conditions or court arrangements that follow.

What If a Family Member Is in Police Custody?

If a relative has been arrested, they can ask the police to contact a solicitor.

People in custody have rights concerning notification too. Scottish Government guidance states that a person can ask for someone, such as a family member, partner, carer or friend, to be told that they are at the police station.

Different safeguards apply to children and some young people.

Frequently Asked Questions