UK Criminal Law and Your Rights: England, Scotland & NI

The United Kingdom does not have one single criminal law. England and Wales, Scotland, and Northern Ireland each run their own criminal justice system, with their own courts, their own prosecuting authorities, and in many areas their own separate statutes. This hub explains how the three systems differ and links to detailed guides on the topics that matter most if you are trying to understand your rights.

Three Justice Systems, One Country

It is easy to assume that a country called "the United Kingdom" has one criminal code that applies everywhere. It does not. England and Wales share one system. Scotland has its own, built on a different legal tradition and its own statutes. Northern Ireland has its own again, closely modelled on the England and Wales approach in many places but legislated separately.

The practical effect is that a question as basic as "what happens if I'm arrested" or "how does a jury reach a verdict" can have three different answers depending on where in the UK it happens. The guides linked below are written with that in mind: each one sets out the England and Wales position first, since it is the largest system, and then explains where Scotland and Northern Ireland genuinely diverge.

England and Wales: The PACE Framework

Most of day-to-day criminal procedure in England and Wales runs on the Police and Criminal Evidence Act 1984 (PACE) and the Codes of Practice made under it. PACE and its Codes govern how police can stop and search someone, how an arrest is carried out, how long a suspect can be held in custody, and what happens during police questioning, including the right to free legal advice. The Crown Prosecution Service (CPS) is the main prosecuting authority, applying the Full Code Test (an evidential stage and a public interest stage) to decide whether a case goes to court.

Scotland: A Different System From the Ground Up

Scotland's criminal justice system is not a regional variation of the England and Wales one. It is built on its own legal tradition, with different institutions and, in many areas, different legislation entirely.

Prosecutions are brought by the procurator fiscal, acting on behalf of the Crown Office and Procurator Fiscal Service (COPFS), rather than the CPS. A serious criminal case tried on indictment (known as "solemn procedure") goes before a jury of 15, the largest criminal jury anywhere in the world.

Scottish jury verdicts changed on 1 January 2026. Before that date, a Scottish jury could return one of three verdicts: guilty, not guilty, or not proven. Under the Victims, Witnesses, and Justice Reform (Scotland) Act 2025, for any trial that starts on or after 1 January 2026 the not proven verdict is abolished, leaving only guilty or not guilty, and a guilty verdict now requires a two-thirds majority of the jury (10 of the 15 jurors, scaling down to a floor of 8 out of a reduced quorum of 12). Trials where the jury had already been sworn (in solemn cases), or the first witness had already been sworn (in summary cases), before 1 January 2026 continue to run under the old three-verdict, simple-majority rules. Our Scottish jury service guide covers this reform in detail.

Scotland's common-law tradition also shapes areas like self-defence and citizen's arrest, which do not always have a direct statutory equivalent to the England and Wales position.

Northern Ireland: Its Own Legislation, Familiar Principles

Northern Ireland's criminal justice system mirrors the England and Wales approach in structure more closely than Scotland's does, but it is still governed by its own, separate legislation. Policing and detention run under the Police and Criminal Evidence (Northern Ireland) Order 1989, a distinct instrument from the England and Wales Act, even though its underlying principles are similar. Prosecutions are brought by the Public Prosecution Service for Northern Ireland (PPS), not the CPS.

Explore the Guides

• What a police caution means, when you can refuse one, and how it can affect a DBS check.
• When a citizen's arrest is lawful in England and Wales, Northern Ireland, and Scotland.
• The law on self-defence and reasonable force, including the householder defence against a trespasser in your home.
• Police powers to stop and search you, what officers must tell you first, and how the rules differ in Scotland.
• The exact wording of the police caution and when staying silent can allow a court to draw an adverse inference.
• What counts as an offensive weapon, the "good reason" defence, and the current bans on zombie-style knives and ninja swords.
• Jury service eligibility, pay, and verdicts in England and Wales.
• How a 15-member Scottish jury works, and the move from three verdicts to two from January 2026.
• The means and merits tests for legal aid, and the separate legal aid bodies in each UK nation.
• Your rights in police custody, including free legal advice, and how long the police can hold you.
• How a fixed penalty notice or penalty notice for disorder works, and how it differs from a caution or a conviction.
• Miranda rights and the UK equivalent: how the PACE caution compares with the US Miranda warning, and why silence can count against you in a UK court.

More UK criminal law guides

• Age of Consent in the UK: England, Wales, Scotland and Northern Ireland
• Age of Criminal Responsibility in the UK: 10 in England, Wales and NI, 12 in Scotland
• Common Assault, ABH and GBH: UK Sentences Explained
• BB Gun and Imitation Firearm Law in the UK
• Criminal Damage Law UK: Charges and Penalties Explained
• UK Drinking Age: Buying and Drinking Alcohol Rules by Nation
• Magistrates' Court vs Crown Court: UK Sentencing Powers Explained
• Malicious Communications UK: Is an Abusive Message a Crime?
• Is Pepper Spray or a Stun Gun Legal in the UK?
• Released Under Investigation (RUI) vs Pre-Charge Bail in the UK

This hub provides general information about how criminal law works across the UK's three legal systems; it is not legal advice for a specific case. For more on UK law generally, see the United Kingdom hub.

Frequently Asked Questions

Is criminal law the same across the whole of the UK?

No. England and Wales, Scotland, and Northern Ireland each have their own criminal justice systems. Many of the underlying principles are similar, especially between England and Wales and Northern Ireland, but the specific statutes, courts, and procedures differ, and Scotland's system differs the most.

What is a procurator fiscal?

The procurator fiscal is Scotland's public prosecutor, acting on behalf of the Crown Office and Procurator Fiscal Service (COPFS). The role is broadly equivalent to the Crown Prosecution Service in England and Wales, but operates under separate Scottish law and procedure.

Why did Scotland get rid of the not proven verdict?

The Victims, Witnesses, and Justice Reform (Scotland) Act 2025 abolished the not proven verdict for trials starting on or after 1 January 2026, leaving guilty or not guilty as the only options, alongside a new two-thirds majority requirement for a guilty verdict. Trials that had already begun before that date continue under the previous three-verdict system.

Does Northern Ireland use the same law as England and Wales?

Not exactly. Northern Ireland has its own separate legislation, such as the Police and Criminal Evidence (Northern Ireland) Order 1989, which mirrors much of the structure of the England and Wales framework without being the same statute.

Where can I get free legal advice if I'm arrested or under investigation?

Everyone arrested in the UK has a right to free legal advice through the duty solicitor scheme, and general information is available from Citizens Advice. The specific statutory right differs by nation; see our guide to being arrested for the details.

Is this page legal advice?

No. This hub and its linked guides provide general legal information about how UK criminal law works. They are not a substitute for advice from a qualified solicitor about a specific situation.