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Stonehaven is in Aberdeenshire, Scotland. Scotland has its own criminal justice system, so the rules on arrest, detention, stop and search, and search warrants are set by Scottish law. Most day-to-day policing is carried out by Police Scotland, North East Division. The key framework is the Criminal Justice (Scotland) Act 2016 and the statutory Code of Practice on Stop and Search introduced in 2017. These rules set out when the police can stop you, search you or your property, arrest you, hold you in custody, and question you, and what your rights are at every stage.
In brief, the police in Scotland need a clear legal basis to search you or your belongings. Consensual stop and search is not permitted. Most searches require reasonable grounds to suspect you have prohibited items or evidence of crime, unless a senior officer authorises a specific no-suspicion search power for a set time and place, usually in relation to serious violence or weapons. If you are arrested, you have important rights, including the right to a private consultation with a solicitor and to have someone told where you are. Time limits apply to how long you can be kept before charge, and any interview must follow strict safeguards.
People in Stonehaven often seek legal help when they, a family member, or a business faces contact with the police. Common examples include being stopped and searched for drugs, weapons, or stolen property, being invited in for a voluntary interview, being arrested on suspicion of an offence, having a home or workplace searched under a warrant, or having phones, vehicles, or computers seized. A solicitor can protect your rights during a police interview, challenge an unlawful stop or search, advise on the return of seized property, negotiate bail or undertaking conditions, represent young people and vulnerable adults, and guide you through any court process that follows. Early advice often prevents mistakes, reduces risk, and preserves your options.
Police powers and your rights in Stonehaven are governed mainly by the Criminal Justice (Scotland) Act 2016, together with the Code of Practice on Stop and Search. The Human Rights Act 1998 and the European Convention on Human Rights also apply, including the rights to liberty, privacy, and a fair trial. Key features are set out below so you can understand what to expect and when to seek advice.
Stop and search in Scotland must be based on a specific legal power, such as the Misuse of Drugs Act 1971 for controlled drugs, the Criminal Law Consolidation Scotland Act 1995 for offensive weapons, the Firearms Act 1968 for firearms, and road traffic legislation for motoring matters. Consensual searches are not allowed. Officers must have reasonable grounds to suspect you are carrying prohibited items or evidence of a crime, unless a senior officer has authorised a time-limited and location-limited no-suspicion power for serious violence or weapons. You should be told the legal power being used and the reason for the search. A record should be made and you can ask how to obtain a copy.
Arrest without warrant is permitted if an officer has reasonable grounds to suspect you have committed, are committing, or are about to commit an offence, and that arrest is necessary and proportionate. You must be told that you are under arrest and why. After arrest, you have the right to a private consultation with a solicitor, the right to have a named person told where you are, the right to interpretation if you need it, and the right to medical attention if required. You are cautioned that you do not have to answer questions, but anything you do say may be used in evidence. You can ask for a solicitor to be present before and during interview.
Custody time limits matter. The police can generally keep you in custody for up to 12 hours before charge. In defined circumstances, a senior officer can authorise an extension up to 24 hours if necessary and proportionate. After that you must be released, released on investigative liberation with conditions, or charged. Investigative liberation allows the police to release you with conditions while inquiries continue. Breach of those conditions is a separate offence. In some cases, you may be released on an undertaking to attend court on a set date, possibly with conditions such as non-contact or curfew.
Search warrants for homes and business premises are usually issued by a sheriff or justice of the peace on the basis of sworn information showing probable cause. Entry without a warrant is allowed only in specific situations, such as to save life, prevent serious damage, or arrest someone where there is authority to do so, or under a statute that expressly allows it. Searches must be conducted reasonably, with respect, and the scope should be limited to what the warrant or legal power permits.
Searches of your person should be conducted with dignity and privacy where possible. Strip searches are permitted only where strictly necessary and proportionate, and ordinarily take place out of public view. Intimate or intrusive procedures require higher safeguards and, where appropriate, a healthcare professional. Officers may use reasonable force if you resist a lawful search or arrest, but any force must be the minimum necessary.
Children and vulnerable people receive additional protections. The Age of Criminal Responsibility in Scotland is 12. Younger children cannot be prosecuted, though protective measures through the Children’s Hearings System may apply. Appropriate adults and child-specific safeguards may be required during police procedures. If your child is stopped, searched, or arrested, you should seek advice promptly.
Reasonable grounds exist when specific facts or information would lead a reasonable person to suspect you are carrying prohibited items or evidence of an offence. This can include credible intelligence, information about recent crime in the area, your actions or appearance, or something seen or smelled by the officer, such as the smell of cannabis. It cannot be based only on your age, race, or general appearance.
You do not have to answer general questions, but in certain situations you can be required to give your details, for example for road traffic matters, when an officer reasonably believes you have committed specific offences, or under antisocial behaviour powers. Refusing may be an offence in those contexts. If you are unsure, politely ask under what legal power your details are being requested and seek legal advice.
Yes, if they have a lawful power to search and reasonable grounds to suspect there are prohibited items or evidence in the vehicle, or if a specific no-suspicion authorisation is in place for serious violence or weapons. The search should be proportionate and limited to areas where the item could reasonably be hidden. You can ask what power is being used and the reason for the search.
Usually a warrant is required. Warrantless entry and search is allowed only in narrow circumstances, such as to save life, prevent serious damage, arrest someone when authorised, or under a statute that expressly allows it. You can ask to see the warrant and check the address, the date, and the scope. If you believe a search was unlawful, speak to a solicitor promptly.
You must be told you are under arrest and why. You have the right to a private consultation with a solicitor and to have a named person told of your detention. You have the right to interpretation and translation if needed and to medical help if required. You do not have to answer questions. You can request a solicitor to be present during any interview. You should be treated with dignity and respect throughout.
In most cases up to 12 hours, with a possible extension to a maximum of 24 hours if authorised by a senior officer and if necessary and proportionate. After that, you must be released, released on investigative liberation with conditions, or charged. Time limits can be complex, so ask your solicitor to monitor them.
No. You have the right to remain silent. You should ask to speak to a solicitor before any interview and request the solicitor’s presence. If you choose to answer questions, do so only after legal advice. Anything you say may be used in evidence.
The police can seize items where they have a lawful basis, for example as potential evidence. Devices may be examined and data may be extracted where there is legal authority. You can ask for a receipt and a reference number, and you can ask your solicitor to request the return of property when it is no longer needed. Data protection and privacy rules apply to any examination.
Extra safeguards apply to children and young people, including access to a responsible adult and legal advice. The age of criminal responsibility is 12 in Scotland. If your child is under 16, contact a solicitor immediately. The police should take steps to ensure the process is appropriate for the child’s age and understanding.
You can make a complaint to Police Scotland. If you are unhappy with the outcome, you can ask the Police Investigations and Review Commissioner to review how the complaint was handled. If you suffered loss or harm due to unlawful conduct, a solicitor can advise on civil remedies. Keep any paperwork, note officer details if possible, and record what happened as soon as you can.
Police Scotland - North East Division. For non-emergencies call 101. In an emergency call 999. You can request stop and search records and property receipts.
Code of Practice on Stop and Search in Scotland. This sets the standards for how searches must be carried out and what information you should receive.
Crown Office and Procurator Fiscal Service. Handles criminal prosecutions and can advise about the status of a case after charge.
Law Society of Scotland. Use their public register to find a local criminal defence solicitor with police station advice experience.
Scottish Legal Aid Board. Provides information about eligibility for advice and assistance and legal aid for police station advice and criminal cases.
Police Investigations and Review Commissioner. Reviews the handling of complaints against the police in Scotland.
Scottish Courts and Tribunals Service. Provides information about court locations, processes, and what to expect after charge.
Citizens Advice Scotland. Offers independent, free guidance on your rights and how to navigate police contact and complaints.
Scottish Human Rights Commission. Provides information on human rights protections relevant to arrest, detention, and searches.
Scottish Child Law Centre. Offers advice about the rights of children and young people in contact with the police.
Step 1 - Stay calm, be polite, and ask the officer to explain the legal power being used and the reason for the stop, search, or arrest. Ask for the officer’s name and number and, if searched, how to obtain a copy of the search record.
Step 2 - Assert your rights. Say that you wish to speak to a solicitor and that you do not wish to answer questions until you have received legal advice. If in custody, ask for your chosen solicitor or the duty solicitor. Request that a named person be told where you are.
Step 3 - Do not resist a lawful search or arrest. Resistance can lead to further charges. If you believe the police are acting unlawfully, make a note of what happened and raise it later through your solicitor.
Step 4 - Preserve evidence. Keep receipts for seized property, note times and locations, and record the names or shoulder numbers of officers if possible. If there were witnesses, collect their details.
Step 5 - Contact a local criminal defence solicitor experienced in Scottish arrests and searches. Ask for urgent police station advice. If you are worried about cost, ask about advice and assistance funding through the Scottish Legal Aid Board.
Step 6 - Follow your solicitor’s advice about interviews, identification procedures, undertakings, investigative liberation conditions, and any court appearance. If bail or conditions are imposed, comply fully and ask your solicitor about variation if needed.
Step 7 - If you wish to complain or challenge the lawfulness of police action, your solicitor can help you use the Police Scotland complaints process, seek a review by the Police Investigations and Review Commissioner, or pursue civil remedies.
This guide is for general information only. Law and procedures can change and individual cases differ. For advice on your situation in Stonehaven, speak to a qualified Scottish solicitor without delay.
