Scottish Law

Breach of the Peace.
This is different in Scotland as it covers a wider range of acts and behaviour than Breach of the Peace in English Law. For that reason, it is a criminal offence and there isn’t a set maximum term of imprisonment for this. It depends on the details of the individual case.

Obstruction of an Officer.
This can be simply refusing to move if asked to do so. The maximum term of impriosonment is 9 months, so is more serious than in English Law. Again, punishment obviously depends on the details of the case.

Malicious Mischief.
This is a more serious version of VANDALISM – causing damage to someone’s property. This can also include economic damage through losses sustained from work being stopped or abstraction of electricity. Again, there is an unlimited term of imprionment, dependent on the details of the case.

Right to Roam.
The right to roam allows you to cross private land, but you must keep moving. TRESPASS is a criminal offence in Scotland.

Giving Your Details.
You do not have to give your details to the police during a stop & search, unless you’re driving a vehicle. You have to give your details if you are arrested or you are a witness to an offence and refusing to do so is another offence.

Borders and ports.
Schedule 7 still applies at ports and the border (see under “Police Powers”)

Rights Under Arrest.
You have the right to have someone informed of your arrest, to have a solicitor informed, to see a doctor and to food, etc.

Detainment vs Arrest.
You can be detained by the police instead of being arrested. They can search you and interview you if you are being detained. They need to make a decision about what to do with you within 6 hours. See attached flow-chart for the arrest / detainment procedure.

Unlike in England, the police can’t de-arrest you in Scotland. Once you’re arrested, you’re arrested unless the officers realise they’ve done something wrong and pretend nothing happened.