deal with a criminal charge
Two things decide most cases: whether you had a solicitor before the police interview, and whether you understood what you were agreeing to at the first calling. Both happen quickly, and both happen before most people have taken advice.
Say nothing until you have spoken to a solicitor
You have the right to a private consultation with a solicitor before a police interview and to have a solicitor present during it. That right is free and does not depend on your means. Nothing you say to the police improves your position as reliably as saying nothing until you have taken advice. Ask for a solicitor and then wait.
At the police station
A person can be held for questioning for up to twelve hours, extendable to twenty-four in defined circumstances, with a review by an inspector. You must give your name, date of birth, address and nationality. You do not have to answer anything else.
You may name a solicitor of your choosing. If you have no solicitor, the duty solicitor scheme provides one. Nobody should ever be interviewed without having spoken to one first, whatever the police say about how quickly the matter could be resolved.
Which court, and why it matters
The choice of forum is made by the prosecutor, not by you, and it is the single best indicator of how seriously the Crown views the case.
The verdict rules changed on 1st January 2026
Scotland has abolished the not proven verdict. Juries now return one of two verdicts, guilty or not guilty, as elsewhere in the United Kingdom. At the same time the majority required for conviction rose from a simple majority to two thirds, so at least ten of the fifteen jurors must be satisfied of guilt.
The change applies to cases which had not reached the reading of the indictment, or the first witness in summary proceedings, before that date. A great deal of guidance still online describes the old three-verdict system, and it is out of date.
The first calling
Things move quickly at the first appearance, often within a day or two of charge. Bail, plea and the diet are all dealt with at speed and in language that assumes familiarity. A plea entered at that stage is difficult to withdraw. This is the point at which having your own solicitor, rather than meeting one in the cells ten minutes beforehand, makes the greatest difference.
Criminal legal aid
Advice at the police station is free to everyone. Beyond that, assistance by way of representation and criminal legal aid are administered by the Scottish Legal Aid Board and are subject to tests of means and, for summary matters, of the interests of justice. Legal aid is more widely available in criminal work than in almost any other area, and most criminal defence firms will tell you within a phone call whether you are likely to qualify.
What to do now
- Say nothing beyond your personal details until you have spoken to a solicitor.
- Ask for a named solicitor, or the duty solicitor if you have none.
- Write down what happened while you remember it, and give it to your solicitor rather than to anyone else.
- Do not discuss the case on the telephone from custody, and do not discuss it on social media at all.
A note on this page
This is general information about how the law works in Scotland. It is not advice about your situation and it cannot be, because we do not know your circumstances. Nothing here should be relied on as a substitute for speaking to a solicitor about your own case.
Tell us what has happened.
Two minutes, no cost, and no obligation. We will pass your details to one of our member firms, who will be in touch. You decide whether to send anything at all.
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