Best Arrests & Searches Lawyers in Aberdeen

About Arrests & Searches Law in Aberdeen, United Kingdom

Aberdeen is part of Scotland, so arrests and searches are governed by Scots law and national human rights protections. Police Scotland is the single national police service. The core modern rules are set out in the Criminal Justice Scotland Act 2016, the Criminal Procedure Scotland Act 1995, and a statutory Stop and Search Code of Practice introduced in 2017. These laws set out when an officer may arrest you, how long you can be held, what rights you have to a solicitor, and when your person, vehicle, or premises can be searched. The European Convention on Human Rights applies through the Human Rights Act 1998, protecting your liberty, privacy, and fair trial rights.

In Scotland there is no general power to stop and search by consent. Police must rely on a specific statutory power and have reasonable grounds to suspect, unless an exceptional power applies. If you are arrested, you have the right to speak to a solicitor and to have a solicitor present at interview. Custody time limits are strictly controlled, with review points and a maximum period before you must be charged or released, subject to limited extensions that must be necessary and proportionate.

Why You May Need a Lawyer

People commonly seek legal help in Aberdeen for many reasons linked to arrests and searches. If you are arrested or invited to attend a voluntary police interview, a solicitor can protect your right to silence, advise on whether to answer questions, and make representations on release and conditions. If you are stopped and searched in the street or in a vehicle and believe the search was unlawful or discriminatory, a lawyer can assess the legality and help you complain or seek a remedy. If the police execute a search warrant at your home or business or seize devices such as phones or computers, a solicitor can challenge the warrant or the scope of the search, advise on privileged or private material, and guide you on getting property returned.

Legal advice is also vital if you are placed on investigative liberation with conditions, if a child or vulnerable adult is involved and needs an appropriate adult and tailored safeguards, or if you are a non UK national who may face immigration questions. Early advice can affect what evidence the police obtain and whether a case proceeds to the Procurator Fiscal for prosecution at Aberdeen Sheriff Court.

Local Laws Overview

Police powers to arrest without a warrant are set out in the Criminal Justice Scotland Act 2016. An officer may arrest if there are reasonable grounds to suspect you have committed an offence and arrest is necessary. You must be told you are under arrest, the general nature of the suspected offence, and that you have rights. You have the right to a private consultation with a solicitor and to have a solicitor present in interview. You may ask to have someone informed of your arrest, to access interpretation if needed, and to receive written information about your rights.

Custody is regulated with strict time limits. The general maximum period in police custody before charge or release is 12 hours, with possible extension up to 24 hours if a senior officer authorises it as necessary and proportionate. Your status must be reviewed during custody. If the investigation is continuing and you do not need to remain in custody, you may be released on investigative liberation with conditions. Breaching those conditions is a criminal offence. If you are charged, you may be released on an undertaking to appear at court at a later date.

Stop and search in Scotland operates under a statutory Code of Practice. Consensual person searches are not permitted. Officers must have both a legal power and reasonable grounds to suspect, for example under the Misuse of Drugs Act 1971, the Firearms Act 1968, the Criminal Law Consolidation Scotland Act 1995 for offensive weapons, or under public order and anti knife crime provisions. Some exceptional powers allow searches without reasonable suspicion for limited times and places where authorised in advance. Officers should identify themselves, explain the grounds and the legal power, and record the encounter. You can ask for a receipt or record of the search.

Searches of premises in Aberdeen typically require a warrant issued by a sheriff or justice of the peace. There are narrow exceptions such as entry to save life, to prevent serious damage, or to arrest someone where lawful. Search warrants must be specific about the address and the items sought. Officers may seize and retain items they reasonably believe are evidence. You should be given an inventory or receipt for anything taken. Legal professional privilege and other protections apply to certain materials.

Digital devices and biometrics are subject to additional safeguards. Seizure and examination of phones and computers must be lawful, necessary, and proportionate. Separate rules govern retention and destruction of DNA, fingerprints, and photographs, with oversight from the Scottish Biometrics Commissioner. Human rights protections apply to all police actions. Article 5 protects against unlawful detention, Article 8 protects privacy, and Article 6 protects fair trial rights. Equality law prohibits discrimination, and officers must use powers fairly and without bias.

Local criminal cases from Aberdeen are prosecuted by the Procurator Fiscal and heard in Aberdeen Sheriff Court or the local Justice of the Peace Court. Complaints about the police are made to Police Scotland in the first instance, with independent oversight by the Police Investigations and Review Commissioner.

Frequently Asked Questions

What is the difference between being arrested and attending voluntarily at a police station

If you are arrested, you are not free to leave and specific custody time limits and rights apply. If you attend voluntarily, you are free to leave at any time unless and until arrested. In both situations you have the right to legal advice. If questioning moves beyond a voluntary basis, the police must either arrest you or end the interview.

Do I have to answer police questions during an interview

No. You are not obliged to answer questions, and your right to silence is protected in Scotland. You must provide basic details when lawfully required, for example your name and address in certain situations, but you should seek a solicitor before answering substantive questions.

How long can the police keep me in custody before charge

Normally up to 12 hours, with a possible extension to a maximum of 24 hours if authorised by a senior officer and only where necessary and proportionate. Your need for continued custody must be reviewed during that period.

Can the police stop and search me without my consent in Aberdeen

Yes if they have a specific legal power and reasonable grounds to suspect you have items such as drugs, weapons, or stolen property. Consensual stop and search without a legal power is not permitted in Scotland. The officer should explain the grounds, the power used, and record the search.

Can the police search my car

Vehicles can be searched where a statutory power applies, for example in drugs, weapons, or stolen property investigations. Road traffic laws allow officers to require breath tests and to inspect certain documents, but a full search still requires a legal power and reasonable grounds unless an exceptional power has been authorised.

Do the police need a warrant to search my home

Usually yes. A warrant issued by a sheriff or justice of the peace is the normal basis for searching premises. Limited exceptions exist, for example to save life, prevent serious damage, or to arrest a suspect who is lawfully sought. You should be shown the warrant and given a record of what is seized.

Can the police take and search my phone

Police may seize a device where they lawfully believe it contains evidence. Examination must be lawful, necessary, and proportionate. Accessing the contents may require additional authority depending on the circumstances. You should obtain legal advice immediately if your device is seized, particularly if it contains legally privileged or highly private material.

What happens if my child is stopped or arrested

Children and young people have enhanced protections. An appropriate adult or responsible person should be involved where necessary, and police must take account of the child’s welfare. You should seek a solicitor with youth justice experience right away. Routine stop and search of children must still be under a specific legal power. There is no general power to search a child solely for alcohol.

Will I get a criminal record if I am arrested but not charged or not convicted

An arrest alone is not a conviction. If you are not charged or you are acquitted, there is no conviction. Police may retain some records of the incident for operational reasons. Rules on retention of biometrics vary. Speak to a solicitor about removal of samples and records where appropriate.

What can I do if I think a stop or search was unlawful or discriminatory

Write down what happened, the officers’ details, time and place, and any witnesses. Request the search record. Do not obstruct the police at the time. Seek legal advice quickly. You can make a complaint to Police Scotland. If you are unhappy with the handling of your complaint, you can ask the Police Investigations and Review Commissioner to review it. A solicitor can also advise on civil remedies.

Additional Resources

Police Scotland Stop and Search Code of Practice for Scotland. This sets the rules officers must follow when stopping and searching people and vehicles.

Criminal Justice Scotland Act 2016. The main law on arrest, custody, rights to a solicitor, investigative liberation, and related police powers.

Criminal Procedure Scotland Act 1995. Procedural rules for criminal cases in Scotland, including warrants and court processes.

Crown Office and Procurator Fiscal Service. The public prosecution service handling criminal cases from Aberdeen and across Scotland.

Police Investigations and Review Commissioner. Independent oversight body for the handling of complaints about the police.

Scottish Legal Aid Board. Information about eligibility for criminal legal aid and how to find a solicitor who undertakes legally aided work.

Scottish Biometrics Commissioner. Guidance and oversight on the retention and use of DNA, fingerprints, and other biometric data.

Citizens Advice Scotland. General guidance on rights if stopped, searched, or arrested in Scotland.

Aberdeen Sheriff Court and Justice of the Peace Court. Local courts where most criminal cases arising in Aberdeen are heard.

Police Scotland North East Division. The local policing division covering Aberdeen and the surrounding area.

Next Steps

If you have been stopped, searched, arrested, or had property seized in Aberdeen, act quickly. Ask to speak to a solicitor as soon as possible. You have the right to a private consultation and to have your solicitor present at interview. Do not resist or obstruct an officer even if you believe the action is unlawful. Instead, calmly state that you do not consent, ask which legal power is being used, request the officers’ details, and seek a copy of the search record or inventory of seized items.

After the incident, write down everything you remember, keep all paperwork, and preserve any relevant messages, photos, or CCTV. If you are released on investigative liberation or on an undertaking, note the conditions and dates carefully and follow them. Contact a criminal defence solicitor in Aberdeen for tailored advice about challenging the legality of a search or arrest, securing release, protecting privileged material, and recovering property. Ask about eligibility for legal aid from the Scottish Legal Aid Board. If you wish to complain about police conduct, submit your complaint to Police Scotland as soon as possible, then consider asking the Police Investigations and Review Commissioner to review how it was handled if you remain dissatisfied.

This guide is general information and not legal advice. Every case turns on its facts. A local solicitor can advise you on your rights and the best strategy in your specific situation.