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Arrests and searches in Aberdeen are governed by Scots law, which is distinct from the law in England and Wales. Police Scotland North East Division polices the city and surrounding areas, and anyone arrested is generally taken to a local custody suite in Aberdeen for processing. The Criminal Justice Scotland Act 2016 sets out modern powers of arrest, your rights in custody, and how police interviews must be conducted. Stop-and-search in Scotland operates under a national Code of Practice that sets clear rules on when and how officers may search you or your property.
If you are stopped in the street, asked to attend a voluntary interview, arrested, or have your home searched under warrant, you have rights to be treated fairly, to be informed about what is happening and why, and to get legal advice. Aberdeen cases typically proceed through Aberdeen Sheriff Court and the Justice of the Peace Court, with the Crown Office and Procurator Fiscal Service handling prosecution decisions.
A solicitor can protect your rights at every stage of police contact. You should consider getting legal help if you are arrested, if the police wish to interview you, if you are asked to consent to a search, if the police execute a search warrant at your home or business, if your phone or laptop is seized, if you are released on an undertaking with conditions, or if you believe a stop-and-search was unlawful or you want to make a complaint.
Early advice can influence whether you answer questions, what information you provide, and whether you consent to any search. A lawyer can attend the police station or advise by phone, challenge the legality of a search or seizure, apply for the return of property, argue for release from custody, negotiate undertaking conditions, and represent you at Aberdeen Sheriff Court if you are charged.
Key arrest powers. Under the Criminal Justice Scotland Act 2016, a constable may arrest without a warrant where there are reasonable grounds to suspect you have committed or are committing an offence and arrest is necessary. You must be told that you are under arrest and why. You have the right to remain silent and the right to speak to a solicitor in private.
Custody time limits. Police may keep you in custody for up to 12 hours before charge, which can be extended to a maximum of 24 hours if necessary and proportionate and authorised by a senior officer. You must be brought before a court as soon as reasonably practicable if you are not released. Terrorism investigations have separate and longer time limits.
Interviews and legal advice. Following the Cadder decision and the 2016 Act, everyone in police custody has the right to consult a solicitor for free before and during interview. You can ask for a specific solicitor or use the duty solicitor. You can also be invited to attend voluntarily for interview instead of being arrested, and you still have the right to legal advice.
Stop-and-search rules. Non-statutory consensual searches are not permitted in Scotland. Officers can only stop-and-search where a specific legal power exists, typically with reasonable grounds to suspect you have prohibited items such as drugs, weapons, or stolen property. A national Code of Practice requires officers to identify themselves, explain the legal power and grounds, and provide or offer a receipt with information on how to obtain a record of the search. More intrusive searches require privacy and additional safeguards.
Search warrants and premises. Police usually need a warrant from a sheriff or justice of the peace to search homes or business premises, unless an exception applies such as arresting a suspect on the premises, preventing serious harm, or urgent circumstances. Warrants should specify the address and items sought. Officers may use reasonable force to enter, should identify themselves, and should provide a copy or summary of the warrant and a list of seized items where practicable.
Seizure and retention of property. Police may seize items found during a lawful search or incident to an arrest. Property may be retained as evidence or for forensic examination. You can request return of property from Police Scotland or the Procurator Fiscal if it is no longer needed, and a court can order return in appropriate cases.
Children and vulnerable people. Children have additional safeguards, with many cases for those under 16 managed through the Children’s Hearings System. Vulnerable adults are entitled to communication support from an Appropriate Adult. Parents or guardians should normally be informed promptly where a child is taken into custody.
Human rights protections. The Human Rights Act 1998 and the European Convention on Human Rights apply in Scotland. Article 5 protects liberty, Article 6 ensures a fair trial, and Article 8 protects privacy, all of which inform how arrests and searches must be carried out.
You have the right to be told that you are under arrest and why, the right to remain silent, the right to speak to a solicitor in private before and during interview, the right to have someone informed of your arrest, access to interpretation if needed, and access to medical treatment if required. Ask clearly for legal advice as soon as possible.
In most cases police can keep you for up to 12 hours, which can be extended to a maximum of 24 hours with senior authorisation. Terrorism powers have different and longer limits. If you are charged you may be released on an undertaking with conditions or kept to appear at court on the next lawful day.
No. You are not obliged to answer questions, either at the roadside, in the street, or in a police station interview. You should ask for legal advice before deciding whether to answer any questions. Give your name and address where a specific legal requirement applies, for example in certain road traffic or reporting situations.
No. In Scotland officers must have a specific statutory power, usually with reasonable grounds to suspect you have prohibited items. There are limited exceptions for certain operations under separate legislation such as terrorism powers. Officers should identify themselves, state the legal power and grounds, and provide or offer a search receipt.
Vehicles can be searched using the same statutory powers that apply to people, for example if officers have reasonable grounds to suspect drugs or weapons are present. Phones and other digital devices can be seized during a lawful search or arrest, but accessing the content normally requires a further legal basis. You cannot usually be compelled on the spot to disclose a device password. In some serious investigations you may receive a notice under Part III of the Regulation of Investigatory Powers Act 2000 requiring disclosure of encryption keys, and failing to comply is a criminal offence. Always get legal advice before responding.
You are not generally obliged to give your details during a casual encounter. If a specific statutory power requires it, or if the officer reasonably suspects an offence and intends to report you, you can be required to provide your name and address. Refusing in those circumstances can lead to arrest to establish your identity. Ask the officer which power they are using.
Voluntary attendance means you are not under arrest and you can leave unless and until you are arrested. You still have the right to legal advice and to have a solicitor present. You should ask for advice before deciding whether to answer questions, and you can end the interview unless you are arrested.
Yes, you can record police officers in public places in Scotland as long as you do not obstruct their work, interfere with searches or arrests, or commit another offence. Officers may set a safe distance or cordon. In sensitive locations, separate laws may apply, so comply with lawful instructions and get legal advice if your recording equipment is seized.
If you are arrested, police may take fingerprints, photographs, and a DNA sample. Retention periods depend on the outcome and the type of offence. Material is generally destroyed if you are not prosecuted or are acquitted for less serious matters, with longer retention allowed for certain serious offences. You can ask your solicitor about challenging retention or seeking destruction.
Write down what happened as soon as possible, including officer names or numbers, the time and location, and any witnesses. Ask the police for the search record or custody record. You can complain to Police Scotland or ask the Police Investigations and Review Commissioner to review how your complaint was handled. A solicitor can advise on civil claims for unlawful search, false imprisonment, or breach of human rights.
Police Scotland North East Division. Information on local policing, custody suites, and procedures in Aberdeen.
Aberdeen Sheriff Court and Justice of the Peace Court. The local courts dealing with criminal cases arising from arrests in the area.
Crown Office and Procurator Fiscal Service. The public prosecutor in Scotland that decides on charges and prosecutions.
Scottish Legal Aid Board and the Solicitor Contact Line. Free legal advice for people in police custody and information on legal aid funding.
Law Society of Scotland. Find a solicitor with experience in criminal defence and arrest and search matters.
Citizens Advice Scotland. General guidance on rights during police contact and how to get help.
Police Investigations and Review Commissioner. Independent review of the handling of police complaints in Scotland.
Scottish Police Authority Independent Custody Visiting. Oversight of the welfare of people held in police custody.
HM Inspectorate of Constabulary in Scotland. Reports and guidance on policing standards including stop-and-search.
If you need legal assistance right now, ask the police to contact a solicitor for you and request a private consultation before any interview. You can ask for a named solicitor or the duty solicitor. If you are being invited for a voluntary interview, arrange a consultation with a criminal defence solicitor in Aberdeen in advance and ask the solicitor to attend with you.
If the police have searched you or your property, request the search receipt and later obtain the full search record. Keep copies of any paperwork, including undertakings, bail conditions, and property seizure forms. Write down a detailed account of events while it is fresh in your mind.
Contact a local criminal defence solicitor with arrest and search expertise in Aberdeen. Ask about experience with stop-and-search challenges, search warrants, digital device seizures, and custody representation. Confirm availability for emergency callouts and whether legal aid is available for your situation.
If you wish to challenge what happened or seek the return of property, your solicitor can contact Police Scotland or the Procurator Fiscal, lodge representations, apply to the court where appropriate, and guide you through complaints or civil claims. Acting promptly helps protect your position and preserves evidence.
