Being arrested can be a daunting experience. Knowing what to expect can help ease some of the anxiety. This guide will take you through the steps that follow an arrest in Scotland and highlight when you should contact a solicitor.
The Arrest Process in Scotland
When you are arrested in Scotland, the police must inform you of the reason for your arrest. You have the right to know why you are being taken into custody. The police will also inform you of your rights, including your right to legal advice, which includes the right to a private consultation with a solicitor.
Your Rights Upon Arrest
As someone who has been arrested, you have several important rights:
- You have the right to remain silent.
- You have the right to legal representation.
- You should be treated fairly and with respect.
- You have the right to contact someone, such as a family member or a solicitor.
What Happens After the Arrest?
After your arrest, you will be taken to a police station for processing. This typically includes:
- Being searched for any items that could be considered evidence or a risk.
- Having your personal details recorded.
- Being interviewed by the police.
It is essential to remember that you are entitled to have a consultation with a solicitor before being interviewed and to request a solicitor attend any interview.
What Happens During the Police Interview?
During the interview, the police will ask you questions about the incident. Here are a few key points to keep in mind:
- You are not obliged to answer their questions and make no comment.
- Your solicitor will advise you on what you should do.
- Everything you say can be used as evidence.
Post-Interview: What Happens Next?
Once the interview is complete, the police will make a decision regarding the next steps. Possible outcomes include:
- Release without charge.
- Charged and released to be reported to the Procurator Fiscal or to appear at court on a specified date and placed on bail.
- For serious charges you may be held in custody to appear at court the next day.
The decision will depend on the evidence collected and the nature of the offence.
When Should You Contact a Solicitor?
You are entitled to request the police contact a solicitor as soon as you are arrested. An experienced solicitor can provide guidance and support throughout the process. Bruce & Co Solicitors, based in Arbroath, offer direct access to solicitors who can provide clear, practical advice tailored to your situation.
Practical Checklist After an Arrest
If you find yourself in this situation, consider the following checklist:
- Ask the police why you are being arrested.
- Request to contact a solicitor immediately.
- Do not provide any statements without your solicitor present.
- Keep a record of all interactions with the police.
Speak to a Solicitor
If you or someone you know has been arrested in Scotland, it is crucial to seek legal advice promptly. At Bruce & Co Solicitors, we are experienced solicitors serving Dundee, Angus and Perth, and we are here to help. Contact us today at 01241 430660 for clear and practical legal advice. Early advice can make a significant difference in your case.
This blog provides general information only. For advice specific to your circumstances, please consult a qualified solicitor.