Police Service in Scotland

In Scotland the police may detain and question a suspected person for a period of up to six hours. Thereafter the person must either be released or charged. An arrest must be accompanied by a criminal charge. Once a person has been charged only voluntary statements will normally be al­lowed in evidence at the trial. The court will reject statements unless sat­isfied that they have been fairly obtained. Anyone arrested must be brought before a court with the least possible delay (generally not later than the first day after being taken into custody), or — in less serious cas­es — liberated by the police, often on a written undertaking to attend court on a specified date. Where a prosecution on indictment is intended (that is, where an accusation of a more serious offence is to be made), the accused is brought before the sheriff to be committed, either for fur­ther examination or until liberated in due course of law. A judicial exam­ination may take place. Eight days may elapse between commitment for further examination and commitment until liberated in due course of law. The latter — which is also described as 'full committal' — is com­mitment for trial. No evidence needs to be presented to the sheriff for such commitment. Anyone accused of a crime, except murder or trea­son, is entitled to apply for release on bail. Even in cases of murder or treason, bail may be granted at the discretion of the Lord Advocate or a quorum of the High Court. Money bail has been virtually abolished and the courts, or the Lord Advocate, may release an accused person on con­ditions.

Breach of any of the conditions without reasonable excuse is a sepa­rate offence. There is a right of appeal to the High Court by the accused person against the refusal of bail, or by the prosecutor against the grant­ing of bail, or by either party against the conditions imposed. The writ of habeas corpus does not apply in Scotland but if a person is to be prose­cuted on indictment and has been kept in custody pending trial, the trial must begin within 110 days of the date of full committal. The trial of a person charged with a summary offence and held in custody must begin within 40 days of the date of first appearance in court.