Best Arrests & Searches Lawyers in Stonehaven

About Arrests & Searches Law in Stonehaven, United Kingdom

Stonehaven sits within Aberdeenshire in the North East of Scotland, so arrests and searches are governed by Scots law and carried out by Police Scotland. The key modern framework is the Criminal Justice Scotland Act 2016, which reformed arrest, custody and suspect rights across Scotland, and the statutory Code of Practice on Stop and Search that took effect in 2017. In Scotland, non statutory or consensual stop and search is no longer permitted. Officers must rely on a specific legal power and meet strict standards of necessity, proportionality and fairness.

This guide gives clear, practical information about your rights and the police powers commonly used in Stonehaven. It is general information, not a substitute for legal advice tailored to your situation.

Why You May Need a Lawyer

You should consider speaking to a lawyer if you have been arrested or asked to attend a police station, even on a voluntary basis. A solicitor can protect your rights, advise on whether to answer questions, and communicate with the police on your behalf.

Legal help is also important if the police have searched you, your vehicle or your home, or seized your phone, laptop or other property. A solicitor can assess whether the search was lawful, challenge the use of any unlawfully obtained evidence and help you recover property.

If you are released with conditions, such as investigative liberation or bail conditions, a lawyer can explain what they mean, the risks of breach, and how to vary or challenge them.

If you believe you were wrongfully arrested, unfairly treated, or discriminated against, legal advice can help you make an effective complaint or pursue a civil claim. A solicitor can also assist with early engagement with the Procurator Fiscal to influence charging or diversion decisions.

Young people and vulnerable adults should seek a lawyer without delay. Special safeguards and procedures apply and a solicitor will ensure they are respected.

Local Laws Overview

Police powers to arrest without a warrant arise under the Criminal Justice Scotland Act 2016. An officer may arrest you if there are reasonable grounds to suspect you have committed, are committing or are about to commit an offence, and if arrest is necessary. You must be told that you are under arrest and why, as soon as reasonably practicable.

Custody time limits are strict. The general maximum time you can be kept in police custody without charge is 12 hours, which can be extended to 24 hours if certain criteria are met and a senior officer authorises the extension. You have important rights in custody, including the right to have someone told you are at the police station, the right to a private consultation with a solicitor, the right to an interpreter if needed, access to medical treatment and basic welfare such as food and rest.

Stop and search in Scotland must be based on a statutory power. Common powers include searching for controlled drugs, offensive weapons, stolen property, firearms and in some specific circumstances searching without individual suspicion where an exceptional authorisation is in place to prevent serious violence. Officers must have reasonable grounds for suspicion unless a specific no suspicion power has been lawfully authorised for a defined area and time. Officers should explain the legal power used, the reasons for the search and your rights, and should provide or tell you how to obtain a search record.

Searches of homes and other premises generally require a warrant granted by a sheriff, unless an exception applies such as urgent circumstances or a specific statutory power. Warrants are common for investigations involving drugs, stolen property, fraud or digital evidence. Entry should be necessary and proportionate, and officers must show or tell you the terms of the warrant.

Police can seize and retain property as evidence where lawfully obtained. Accessing the contents of digital devices often requires a warrant or specific statutory authority, unless there are urgent circumstances. There are additional safeguards for strip searches and intimate searches, including higher levels of authorisation, privacy and involvement of healthcare professionals where appropriate.

In Stonehaven and the wider Aberdeenshire area, policing is delivered by Police Scotland North East Division. Criminal investigations are prosecuted by the Crown Office and Procurator Fiscal Service. Most court hearings for the area are held within the Aberdeen court estate.

Frequently Asked Questions

What are my rights if I am stopped and searched in Stonehaven

The officer must use a lawful power, explain what they are looking for and why they suspect you, and conduct the search with respect and minimal intrusion. You are entitled to know the officer’s name and station and to request a copy of the search record or details of how to obtain it later. You do not have to say anything. You should not be searched on a consensual basis because non statutory stop and search has been abolished in Scotland.

Do I have to give my name and address to the police

There is no general duty to give your details in every situation, but in many common scenarios officers can require them, for example if they reasonably suspect you have committed an offence or in certain traffic and anti social behaviour contexts. If a lawful requirement is made and you refuse without reasonable excuse, you may commit a separate offence. You can calmly ask the officer what legal power they are relying on.

How long can the police keep me in custody without charge

Usually up to 12 hours, extendable to a maximum of 24 hours if a senior officer authorises it and the legal tests are met. You must be informed of your rights in writing, offered access to a solicitor and given regular reviews of your custody status. If you are charged, you may be released on an undertaking to appear at court or kept for court the next lawful day.

Can the police enter and search my home without a warrant

As a rule, a warrant is required. There are exceptions, for example to arrest a suspect, to prevent serious harm, or where a specific statute allows entry without a warrant. If officers attend with a warrant, they should show or explain it and only search within its scope. If you believe entry was unlawful, seek legal advice immediately.

Can the police look through my mobile phone or laptop

Police may seize devices where they have lawful authority, for example under a warrant or as evidence connected to an offence. Examining the contents usually requires a warrant or other specific legal basis and must be necessary and proportionate. You do not have to provide passwords unless a lawful requirement applies. If devices are taken, ask for a property receipt and speak to a solicitor about challenging access or securing return.

What is a voluntary police interview and do I need a lawyer

A voluntary interview is when the police ask you to attend for questioning without arresting you. You are free to leave unless and until you are arrested. You still have the right to legal advice and to have a solicitor present. It is sensible to speak to a lawyer before agreeing to an interview so you understand the risks and can decide whether to answer questions.

What is investigative liberation and what do conditions mean

Investigative liberation is when the police release you from custody while inquiries continue, sometimes with conditions such as not contacting certain people or going to specific places. Conditions must be necessary and proportionate and are time limited. Breaching them can lead to arrest. You can ask a solicitor to review, vary or challenge the conditions.

Can my child be stopped, searched or arrested

Yes, but there are strict safeguards. The age of criminal responsibility in Scotland is 12. Children under 12 cannot be arrested for an offence. Young people have enhanced rights, including prompt intimation to a parent or carer and access to a solicitor. An appropriate adult must be provided for children and for vulnerable people to support communication. If your child has been stopped, searched or taken to a station, contact a solicitor immediately.

What happens after I am charged

You may be released on an undertaking with conditions and a date to appear at court, or kept for court the next lawful day. Your case will be reported to the Procurator Fiscal, who decides whether to prosecute, divert, or take no action. Early legal advice can influence charging decisions, secure bail, protect your position on evidence and help you comply with any conditions.

How do I complain about police conduct during an arrest or search

You can make a complaint to Police Scotland. If you are unhappy with how your complaint is handled, the Police Investigations and Review Commissioner can review the handling and may independently investigate serious incidents. Allegations of criminal conduct by officers are considered by the Crown Office and Procurator Fiscal Service. A solicitor can help you frame the complaint, secure evidence such as CCTV and witness details, and advise on civil remedies.

Additional Resources

Police Scotland North East Division customer service and local policing teams.

Scottish Government Code of Practice on Stop and Search.

Criminal Justice Scotland Act 2016 and Criminal Procedure Scotland Act 1995 for core arrest and custody rules.

Scottish Legal Aid Board for information on funding and duty solicitor availability.

Law Society of Scotland find a solicitor service.

Scottish Courts and Tribunals Service for court processes and locations in the North East.

Crown Office and Procurator Fiscal Service North East for prosecution decisions and victim information.

Police Investigations and Review Commissioner for complaints and reviews.

Citizens Advice Scotland for practical guidance and signposting.

Scottish Child Law Centre for advice relating to children and young people.

Next Steps

If you have been stopped, searched or arrested, stay calm and be polite. Ask the officer to explain the legal power they are using and the reason for their actions. Do not resist. You do not have to answer questions. You should clearly state that you want to speak to a solicitor.

If you are in custody, request your right to a private consultation with a solicitor. In Scotland, getting advice from a solicitor at the police station is normally free. Ask for your rights notice and keep it. If you have medical or welfare needs, tell the custody staff.

If your property is searched or seized, ask for a copy of the warrant if one is used, and request a property receipt or search record. Write down the names or numbers of the officers involved, the time, the place and any witnesses. Preserve any messages or footage that may help your case.

Contact a local criminal defence solicitor with experience in arrests and searches in the North East of Scotland. Provide them with all paperwork, custody numbers, and details of any interview invitation. If you have conditions, follow them strictly and ask your solicitor about varying them if needed.

If you think your rights were breached, speak to your solicitor about challenging the admissibility of evidence, making a complaint to Police Scotland, seeking a review by the Police Investigations and Review Commissioner, or pursuing a civil claim. Act promptly because strict deadlines may apply.

For ongoing support, check eligibility for legal aid, keep all court or police appointments, and keep your solicitor updated with any change of contact details. Early, informed advice gives you the best chance of a fair outcome.