Arrested or Facing Charges in Scotland? This System Is Not England's — Know the Differences That Protect You.

What do I have to tell the police in Scotland?

Five things: your name, address, date of birth, place of birth and nationality. That is the entire legal obligation. Beyond it you're entitled to silence, and Scots law attaches no penalty to using it — no court can draw an inference from what you didn't say in interview. The obligation to identify yourself also applies if police reasonably suspect you've witnessed an offence. Everything else: wait for your solicitor.

How long can Scottish police hold me without charge?

Twelve hours in police custody, counted continuously — half England's basic limit. In serious cases an uninvolved senior officer can authorise a single extension to 24 hours. After that: charge, release (with or without an undertaking to appear), or court on the next lawful day. Custody must be reviewed, and you have the right to have someone informed and to legal advice throughout.

Can I really stay silent without it being used against me?

Yes — this is the sharpest difference from England and Wales. Scotland has no adverse-inference rules: your silence in a police interview cannot support the case against you, the caution carries no warning that it might, and the Crown must still corroborate the essential facts through two independent sources of evidence. Silence plus a solicitor is the default safe play; when speaking helps, that's a judgment to make with the solicitor, not alone.

What's the difference between summary and solemn procedure?

Summary: no jury — a JP court (sentencing to 60 days) or a sheriff alone (to 12 months, £10,000) for the great majority of cases, started by complaint. Solemn: the serious track, started by petition — first appearances in private, then indictment to a sheriff with a jury (to five years, with power to send worse cases up) or the High Court (unlimited; murder and rape always). Which track the fiscal chooses drives everything: timescales, sentencing exposure and legal-aid shape.

What happened to the not proven verdict?

Abolished for all trials beginning on or after 1 January 2026. Scottish juries — fifteen people — now return one of two verdicts, guilty or not guilty, and conviction requires at least ten of the fifteen (previously a bare majority of eight sufficed). The reform package came from the Victims, Witnesses, and Justice Reform (Scotland) Act 2025. For accused people the practical meaning: the ambiguous middle verdict is gone, and the conviction threshold rose.

Will I get bail?

More likely than before: since May 2025 the reformed test allows refusal only for good reason, refocused on public safety and protecting complainers, with the court stating its reasons on the record. Conditions — residence, no-contact, reporting — are the usual compromise. And if you are remanded, Scotland's time bars protect you: solemn custody cases must generally reach trial within 140 days, summary custody cases within 40, or you're released (the case can continue with you at liberty).

What discount do I get for pleading guilty early?

The court must take the timing and circumstances of your plea into account under section 196, and the settled practice allows up to about a third off at the earliest opportunity, tapering as the case ages. The arithmetic interacts with Scotland's presumption against sentences of 12 months or less — an early plea plus the presumption often converts marginal custody into a community payback order. Never plead to a corroboration-weak charge just for the discount; price the defence with a solicitor first.

What is a fiscal fine, and should I accept it?

An offer from the procurator fiscal to end a minor case without prosecution: a fixed penalty between £50 and £300 (sometimes with compensation). Accepting isn't a conviction, but it can appear on certain disclosure checks for a period; rejecting sends the case to court — where the fiscal must then prove it, corroborated. Neither answer is automatically right: it depends on the evidence and what a record entry would cost you. It's a classic £145-consultation question.

How does release from prison work in Scotland now?

For sentences under four years, automatic release is currently at 30% of sentence — changed on 12 May 2026 — except for prisoners serving for sexual offences or domestic abuse (including aggravated cases), who continue to 50%. Four years and over means the Parole Board from the halfway point, with release on licence and recall powers thereafter. A two-year sentence therefore typically means release after about seven months; licence conditions and recall make the "free" part conditional.

How long will a conviction stay on my record in Scotland?

Scotland runs its own table: a fine spends 12 months after conviction; custody up to 12 months, at the term plus two years; over 12 to 30 months, term plus four; over 30 to 48 months, term plus six; and anything over 48 months never becomes spent. Basic disclosure shows unspent convictions; regulated and PVG-scheme roles see more under separate rules. Disclosure Scotland — not the English DBS — answers employer checks here.

Is this a law firm? Is the call really free?

No, and yes. Legal Hotline is not a law firm; the line provides clear legal information about Scots criminal law — not legal advice on your case — and calling creates no solicitor-client relationship. It's free, 24/7, unlimited questions. When you want a defence solicitor's judgment, a one-hour consultation is a fixed £145, bookable on the call with the price confirmed before you pay.