Summary, Safeguards and Next Steps

Whilst the majority of children who come into conflict with the law are dealt with without the need to bring them into a police station it is still occasionally necessary for children to be held in police custody to enable a full and thorough investigation or, for their own safety where there are no alternative places of safety available. Both Police Scotland and the Authority have been clear that they do not consider police custody to be a suitable place of safety for a child. Police Scotland continue to take steps to minimise the number of children that are held in police custody.

The definition of a child in Scotland is a complex one, which varies by legislation. It is important to read about this in the “Definition of a Child” section.

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.

The number of children who come into police custody is regularly reported to provide transparency and assurance to the public. From 1st April 2021 – 31st March 2022, 4,012 children experienced police custody, representing a reduction from previous years. It is important to recognise that experiencing police custody could range from a child being held for one or two hours to facilitate an interview before being released, or in a small number of cases it could mean a child is held until their appearance at court on the next lawful day.

The SPA and Police Scotland are committed to working with partners to consider a way forward to further minimise the number of children that experience custody, minimising unnecessary trauma and criminalisation.