The police are not allowed to inform anyone of the fact that a person has been detained without their express permission (unless the person in custody is a juvenile).
It is very unlikely that the custody staff will give you any information about any person detained in the cells. The detained person does have the right to have a lawyer and a named person informed of his or her detention (except in specific circumstances).
The juvenile will be placed in a secure room (or cell if no secure accommodation is available). The police will try to identify the person responsible for the welfare of the juvenile as soon as possible and inform that person that the juvenile has been arrested, why the juvenile has been detained and where they are being detained.
The parent/guardian will be asked to attend the police station as soon as possible to see the juvenile. The juvenile will be given his/her rights in front of the parents even if they have been previously given. The parent/guardian can request to speak to the juvenile in private, this is however, discretionary.
Under 16s must be given access to a solicitor prior to the interview and should not be allowed to waive this right (regardless of the parents' viewpoint).
In the interests of fairness however, in most cases the request is likely to be granted. The parent/guardian will be present (along with a solicitor if requested) during the interview and at the rest of the procedure at the police station.
However, if you are a witness or involved in the case or any admissions were made to you then you will not be allowed to be involved.
Independent Custody Visitors (ICVs) were formerly known as lay visitors. To become an ICV you need to apply to the Scottish police authority. You need to be aged over 18 and not work for the Police Service or in the Criminal Justice System or in any role where a conflict of interest may arise (i.e. a solicitor). You also need a good command of the English language (all paperwork in cell areas is written in English). If you are successful you will be given the relevant training for the role. ICVs are volunteers but do get reimbursed for their expenses.
The principal role of the ICV is to visit detained persons in police custody and speak to them about the treatment they are receiving from the police and to check that they have had all their rights and entitlements. The detained person is under no obligation to speak to ICVs, it is purely a personal choice. The ICVs can also check a detained person's custody record, irrespective of whether they have spoken to that person.
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:
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:
All steps to comply with reasonable requests will be carried out taking into account all known risks.
The police cannot immediately attend your partner's and remove the child unless there is a specific power to do so given to them within the order or they are satisfied that the child is or will be subject to significant harm.
A court can vary the conditions within a residence order provided they are satisfied with the existence of the order and that the other parent is in breach of the order.
There are other orders that you can obtain which may prevent a similar situation arising. A solicitor will be able to give advice on this matter or you can get further information at the identified website.
In Scotland there is no right to make a phone call from the cells when arrested, but all reasonable steps will be made to make contact with any reasonably named person on behalf of the detainee.
