Introduction

As with adults, children can come into conflict with the law. Many of these children will have other difficult things going on in their lives and may have been victims of crime themselves.

Usually, if someone is arrested, they will be taken to a police station and held in custody. After being held at a police station and interviewed, the person may be released without charge, or charged with a crime. Dependent on the gravity of the crime or offence, and the risk they may pose to themselves or others, some children will be held in custody to appear at court on the next lawful day.

This can be a confusing and stressful experience, both for those arrested and their loved ones.

It is recognised that regardless of the time spent in custody, whether it be for a short time or until appearing at court, police custody can have a significant negative impact on children and young people. Both the Authority and Police Scotland recognise that police custody is not always the most appropriate place for a child or young person.

Police Scotland takes steps to minimise the number of children that experience police custody. However, at times, it remains a necessity for a child to be held in police custody.

This Briefing Note provides details about the circumstances that may lead to a child being brought into police custody as well as the additional safeguards that exist for a child in custody.