Q520: How are detained persons looked after in custody?

The Police endeavour to deal with the care, welfare and handling of all persons in their custody fairly and deal with them expeditiously to release them as soon as the grounds for arrest no longer apply.

In terms of Sections 14 and 15 of the Criminal Procedure (Scotland) Act 1995, the Custody Officer must explain to EVERY PERSON, adult or child, who has been arrested or detained and is in custody at a prisoner holding station that he or she has the following rights as an accused or suspected person:

  • The right to have intimation of his/her arrest or detention communicated to a solicitor of his/her choice; and
  • The right to have one other reasonably named person informed of his/her arrest.

Section 15A of the Act provides a right for persons in custody to have access to a solicitor and the right to consult privately with a solicitor before questioning and at any point during questioning by the police.

The other entitlements that the detained persons have, in brief are:

  • You will be provided with three meals per day.
  • Drinking water will be supplied to you on request.
  • Right to have medical treatment as required.

All steps to comply with reasonable requests will be carried out taking into account all known risks.

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