Summary

While there is no need to bring most children who come into conflict with the law into a police station, occasionally, it is still necessary for children to be held in police custody. That is to enable a full and thorough investigation, or it can be 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 minimise the number of children that are held in police custody.

The definition of a child in Scotland is a complex one and varies from one law to another. It is important to read the ‘Definition of a Child’ section.

Safeguards and next steps

The number of children who come into police custody is regularly reported – the aim being to provide transparency and assurance to the public. From 1 April 2021 to 31 March 2022, 4,012 children experienced police custody. This represents 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, a child being held until their appearance at court on the next lawful day.

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

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