What does it mean to be in police custody?

An individual can be brought into police custody because they are suspected of committing a crime.

It is important to highlight that police custody is not punitive, but exists to facilitate the required investigative and judicial processes. This includes the capturing of biometric samples, such as fingerprints, photographs and DNA.

The majority of children who come into conflict with the law do not need to be brought into a police station. Despite this, there is still occasionally a need to bring them into a police station, which can be for both the investigative process and the child’s own welfare where there are no alternative places of safety available.

The number of children that have been brought in to custody has reduced over recent years. In 2021-22, 4,012 children were taken into Police Scotland custody.

However, the majority of Police Scotland’s custody facilities do not have a separate area for children and young people due to limitations in the current estate.

When a child or young person is held in custody, Police Scotland will often work in partnership with third sector organisations and other public sector partners to stop any further harmful behaviour by supporting them and their family. This can include educational support, health and wellbeing support and signposting to additional services. By responding with care and compassion it is hoped that children can be supported to change their behaviour at an early age.

Partnership working and interventions are key priorities for the Criminal Justice Services Division as part of a changing culture, as detailed in the  5 Year Vision and Direction.

There are also additional safeguards in place for children and young people. In the first instance, Police Scotland try to avoid bringing young people into police stations where possible.

When someone under 16 (or 16 and 17 year olds who are subject to a CSO) is in custody, their parent or guardian must be informed of this and attend the police station. This can also be another named adult or a social worker, depending on the circumstances. A young person must also have a parent, guardian or other adult, along with a solicitor, with them when they are being interviewed.

For 16 and 17 year olds not subject to a CSO, an adult can visit them in police custody if the young person agrees to this. If the young person does not want an adult made aware of them being in custody, the young person must take advice from a solicitor. However, the young person can choose to not use a solicitor, but only if the named adult agrees to this.