Understand your rights clearly
A simple guide to key rights during mental health crisis, assessment, hospital care, police custody, court and prison in Scotland.
When you are distressed, unwell, in custody, in hospital, or going through court, it can be hard to understand what is happening.
You are allowed to ask questions.
You are allowed to ask for things to be explained clearly.
You are allowed to ask who is responsible for support, safety, and next steps.
On this page
Use this section to jump to the information you need most.
If you are in immediate danger, call 999 now.
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What to do if you or someone else is unsafe right now.
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Simple rights you can ask about in crisis, hospital, custody, court, or prison.
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What you can ask during assessment, treatment, discharge, or hospital contact.
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What you should be told if detention is being considered or used.
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Support that can help your views, wishes, and rights be heard.
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What to ask for if you are arrested or held in police custody.
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How legal advice, mental health concerns, and court processes connect.
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What to know about healthcare, mental health support, and urgent concerns in prison.
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How loved ones can share concerns, ask questions, and keep records.
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What to ask if decisions, support, safety, or communication feel unclear or unsafe.
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If there is immediate danger
If you or someone else is in immediate danger, call 999.
If you need urgent mental health support but it is not immediately life-threatening, call NHS 24 on 111 and choose the mental health option.
Basic rights that apply across services
Rights can depend on the situation, but there are some basic things you can usually ask for.
You can ask what is happening
Why is this happening?
Who is making the decision?
What happens next?
You can ask who is responsible
Who is responsible for follow-up?
Who is responsible for safety planning?
Who should I contact if things get worse?
You can ask for support
A solicitor
An advocate
A trusted person
An interpreter or communication support
You can ask for information clearly
Simple language
Repeated explanations
Written information
Time to understand where possible
Rights during mental health assessment or hospital care
During a mental health assessment or hospital contact, you can ask questions and explain what support you need.
You should not be expected to understand everything without explanation.
You can ask
Why am I being assessed?
What decision has been made?
What support is being offered?
What should I do if I get worse?
You can say
I do not understand.
I feel unsafe.
I need this explained again.
I want my views written down.
Written information
You can ask for care plans, safety plans, decisions, contacts, and next steps in writing.
Independent advocacy
An advocate can help you understand your rights, ask questions, and make sure your views are heard.
A trusted person
You can ask whether someone you trust can be involved, especially if you are overwhelmed or struggling to explain.
Being detained in hospital does not remove all your rights.
You should be told what legal power is being used, why it is being used, how long it may last, and how to challenge it.
Rights if you are detained under mental health law
You should be told
Why you are being detained
What order or certificate is being used
How long it may last
How to appeal or challenge it
How to access advocacy or legal advice
Two common detention powers
Emergency Detention Certificate
Can allow detention in hospital for up to 72 hours.
Short-Term Detention Certificate
Can allow detention in hospital for up to 28 days.
Important note
Detention should only be used where legal criteria are met.
It should not be used simply because services are busy, support is unavailable, or the situation is difficult.
Advocacy, named person and advance statements
These are three important rights and safeguards in Scottish mental health care.
Independent advocacy
An advocate is independent from services.
They can help you:
Understand your rights
Ask questions
Prepare for meetings
Speak up when it feels hard
Named Person
A named person is someone you choose to protect your interests in some mental health law situations.
This could be:
A family member
A partner
A close friend
Another trusted person
Advance statement
An advance statement explains how you would or would not want to be treated if you become too unwell to make decisions clearly.
It can include:
Medication preferences
Treatments you do not want
Who should be contacted
What helps or makes things worse
Rights in police custody
If you are arrested or held in police custody in Scotland, you have rights.
Mental health should also be considered when custody staff assess risk and safety.
You can ask for
A solicitor
Medical help
Someone to be told you are in custody, where allowed
An interpreter or communication support if needed
Mental health should be raised if you are
Suicidal or self-harming
Psychotic, confused or dissociatedSeverely distressed or panicking
Unable to understand what is happeningMissing medication or physically unwell
If you are vulnerable and have difficulty understanding or communicating, Appropriate Adult support may be relevant during police processes.
Rights in court
If you are involved in criminal proceedings, get legal advice as early as possible.
Mental health may be relevant, but the court usually needs clear information and evidence.
You can ask your solicitor
Has mental health been raised?
What evidence is needed?
Could this affect bail or sentencing?
What happens if I am too unwell for court?
Your solicitor may help with
Explaining the process
Raising mental health concerns
Requesting reports or assessments
Challenging unsafe decisions
Representing your interests in court
Rights in prison
If someone is in prison in Scotland, healthcare is provided by the NHS through local Health Boards.
This includes mental health, drug, alcohol and general healthcare services.
Prison staff should act if someone needs help
Prison staff should pass urgent physical or mental health concerns to healthcare.
You can ask for
Healthcare support
Mental health support
Medication review
Help with self-harm or suicide risk
Support for alcohol or drug withdrawal
If you are supporting someone in prison
If you are worried about suicide risk, self-harm, medication, psychosis, withdrawal, or serious deterioration, contact the prison and make the concern clear.
Rights for families and supporters
Families and loved ones do not automatically have decision-making power.
They may not always be given information because of confidentiality.
But they can still raise safety concerns, share information, ask questions, and push for risks to be taken seriously.
You can usually do three useful things
Ask questions
Ask who is responsible, what happens next, and what support is in place.
Keep records
Write down who you spoke to, when, and what they said.
Share information
Tell services about risk, behaviour changes, medication, housing, or crisis history.
If they cannot share information with you
You can still say:
I understand you may not be able to tell me details. But I need to give you urgent safety information. Please record this and pass it to the right person.
If something feels wrong
Having rights does not mean systems always apply them properly.
If something feels unsafe, unclear, or wrong, ask direct questions and keep records.
NHS care
Use the NHS complaints process first, then the Scottish Public Services Ombudsman if unresolved.
Complaints may include
Court administration
Use Scottish Courts and Tribunals Service complaints routes for service issues, not judicial decisions.
Police conduct
Use Police Scotland’s complaints process.
Mental health law or welfare concerns
The Mental Welfare Commission can give information and look into some concerns about care and treatment..
What matters most right now
You do not need to know every law today.
Ask what is happening.
Ask who is responsible.
Ask for decisions and next steps in writing.