Scottish criminal investigations—the arrest and holding of suspects in police custody
Produced in partnership with Paul Marshall, Ramsay Hall and Lisa Kinroy of Brodies LLP

The following Corporate Crime practice note produced in partnership with Paul Marshall, Ramsay Hall and Lisa Kinroy of Brodies LLP provides comprehensive and up to date legal information covering:

  • Scottish criminal investigations—the arrest and holding of suspects in police custody
  • Voluntary attendance
  • The legal basis for arrest
  • Detention by other authorities
  • Reasonable grounds for suspicion
  • Arrest outside Scotland
  • Rights of the arrested person
  • Police powers on arrest
  • Use of reasonable force
  • Questioning
  • More...

Scottish criminal investigations—the arrest and holding of suspects in police custody

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for corporate crime?

Practitioners will be familiar with the concepts of ‘detention’ and ‘arrest’ under the Criminal Procedure (Scotland) Act 1995 (CP(S)A 1995). So far as relevant to this Practice Note, the relevant provisions of CP(S)A 1995, including the provisions as regards police questioning and access to a solicitor, were repealed under the Criminal Justice (Scotland) Act 2016 (CJ(S)A 2016). It replaced the concept of ‘detention and arrest’ with a unitary concept of ‘arrest’ and makes provisions for police custody, the rights of arrested persons, police powers, police questioning, and release from police custody. It also introduces a new status of ‘officially accused’ persons.

CJ(S)A 2016, s 1 gives police constables the power to arrest, without a warrant, a person suspected of having committed, or committing, an offence in Scotland. The legal basis for

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