If you have been arrested, it's important to know your rights. You have the right of access to a solicitor if arrested by the police. If you think you may be arrested in connection with an alleged crime, it's important to contact us now.
What powers do the police have to arrest and interview?
Under the Criminal Justice (Scotland) Act 2016, the police can arrest you without a warrant if they have "reasonable grounds" to believe you have committed or are in the process of committing an offence. Further, you can be arrested and interviewed more than once in connection with the same offence.
The 2016 Act removed the concept of detention. A suspect will be arrested and treated as either "not officially accused" (where they have not been charged) or "officially accused" (where the suspect has been charged with committing an offence).
Know your rights – call your solicitor
Most importantly, while in police custody, arrested persons are entitled to have a private consultation with a solicitor at any time. This can be a consultation in person or over the telephone. Arrested persons also have the right to have a solicitor present when being interviewed by the police. These rights are of vital importance in securing your right to a fair trial.
A person not officially accused (a suspect who has not been charged) can be held in police custody for up to 12 hours. At the end of this period, the person must be released unless the police can demonstrate sufficient reasons for them to remain in custody. In this case, the period can be extended for a further 12 hours to a maximum of 24.
Contact our Criminal Defence Lawyers now
Our criminal solicitors can assist by discussing your options with you confidentially, and are ready to fight your corner. We provide a fully comprehensive legal service from liaising with the police through to representing you in court. Call our criminal defence lawyers for a free, initial consultation in Dunfermline on 01383 730 466, in Kirkcaldy on 01592 640 680, in Alloa on 01259 725 922 or make an online enquiry.
If you have been arrested, it’s important to know your rights. You have the right of access to a solicitor if arrested by the police. If you think you may be arrested in connection with an alleged crime, it’s important to contact us now.