Police, Public Order and Criminal Justice (Scotland) Act 2006

Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10)

2006 asp 10

Annex B: Sections 13 and 14 of the Criminal Procedure (Scotland) Act 1995 (C.46)

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“Detention and questioning

Powers relating to suspects and potential witnesses

13

(1) Where a constable has reasonable grounds for suspecting that a person has committed or is committing an offence at any place, he may require—

(a) that person, if the constable finds him at that place or at any place where the constable is entitled to be, to give his name and address the information mentioned in subsection (1A) below and may ask him for an explanation of the circumstances which have given rise to the constable’s suspicion;

(b) any other person whom the constable finds at that place or at any place where the constable is entitled to be and who the constable believes has information relating to the offence, to give his name and address the information mentioned in subsection (1A) below.

(1A) That information is—

(a) the person’s name;

(b) the person’s address;

(c) the person’s date of birth;

(d) the person’s place of birth (in such detail as the constable considers necessary or expedient for the purpose of establishing the person’s identity); and

(e) the person’s nationality.

(1B) The constable may, if the person mentioned in paragraph (a) of subsection (1) gives a name and address, require the person to provide—

(a) the person’s fingerprints; or

(b) a record, created by a device approved by the Scottish Ministers, of the skin on the person’s fingers.

(1C) Fingerprints or a record provided by a person under a requirement under subsection (1B) above may be used only for the following purposes—

(a) verifying the name and address given by the person;

(b) establishing whether the person may be a person who is suspected of having committed any other offence,

and all record of such fingerprints or record shall be destroyed as soon as possible after they have fulfilled those purposes.

(2) The constable may require the person mentioned in paragraph (a) of subsection (1) above to remain with him while he (either or both) (any or all)—

(a) subject to subsection (3) below, verifies any name and address information mentioned in subsection (1A) above given by the person;

(aa) subject to subsection (3A) below, establishes whether the person may be a person who is suspected of having committed any other offence;

(b) notes any explanation proffered by the person.

(3) The constable shall exercise his power under paragraph (a) of subsection (2) above only where it appears to him that such verification can be obtained quickly.

(3A) The constable shall exercise the power under paragraph (aa) of subsection (2) above only where—

(a) the person mentioned in paragraph (a) of subsection (1) above has given a name and address; and

(b) it appears to the constable that establishing the matter mentioned in paragraph (aa) of subsection (2) can be achieved quickly.

(4) A constable may use reasonable force to ensure that the person mentioned in paragraph (a) of subsection (1) remains with him.

(5) A constable shall inform a person, when making a requirement of that person under—

(a) paragraph (a) of subsection (1) above, of his suspicion and of the general nature of the offence which he suspects that the person has committed or is committing;

(b) paragraph (b) of subsection (1) above, of his suspicion, of the general nature of the offence which he suspects has been or is being committed and that the reason for the requirement is that he believes the person has information relating to the offence;

(ba) subsection (1B) above, of the existence of the power to make the requirement and why he proposes to exercise it in the person’s case;

(c) subsection (2) above, why the person is being required to remain with him;

(d) either any of the said subsections, that failure to comply with the requirement may constitute an offence.

(6) A person mentioned in—

(a) paragraph (a) of subsection (1) above who having been required—

(i) under that subsection to give his name and address the information mentioned in subsection (1A) above; or

(ii) under subsection (2) to remain with a constable; or

(iii) under subsection (1B) above to provide the person’s fingerprints or a record such as is mentioned in that subsection,

fails, without reasonable excuse, to do so, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale;

(b) paragraph (b) of the said subsection (1) who having been required under that subsection to give his name and address the information mentioned in subsection (1A) above fails, without reasonable excuse, to do so shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(7) A constable may arrest without warrant any person who he has reasonable grounds for suspecting has committed an offence under subsection (6) above.

(8) The Scottish Ministers by order made by statutory instrument may approve a device for the purpose of creating records of the sort mentioned in subsection (1B)(b) above.

Detention and questioning at a police station

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(1) Where a constable has reasonable grounds for suspecting that a person has committed or is committing an offence punishable by imprisonment, the constable may, for the purpose of facilitating the carrying out of investigations—

(a) into the offence; and

(b) as to whether criminal proceedings should be instigated against the person,

detain that person and take him as quickly as is reasonably practicable to a police station or other premises and may thereafter for that purpose take him to any other place and, subject to the following provisions of this section, the detention may continue at the police station or, as the case may be, the other premises or place.

(2) Detention under subsection (1) above shall be terminated not more than six hours after it begins or (if earlier)—

(a) when the person is arrested;

(b) when he is detained in pursuance of any other enactment; or

(c) when there are no longer such grounds as are mentioned in the said subsection (1),

and where a person has been detained under subsection (1) above, he shall be informed immediately upon the termination of his detention in accordance with this subsection that his detention has been terminated.

(3) Where a person has been released at the termination of a period of detention under subsection (1) above he shall not thereafter be detained, under that subsection, on the same grounds or on any grounds arising out of the same circumstances.

(4) Subject to subsection (5) below, where a person has previously been detained in pursuance of any other enactment, and is detained under subsection (1) above on the same grounds or on grounds arising from the same circumstances as those which led to his earlier detention, the period of six hours mentioned in subsection (2) above shall be reduced by the length of that earlier detention.

(5) Subsection (4) above shall not apply in relation to detention under section 41(3) of the Prisons (Scotland) Act 1989 (c.45) (detention in relation to introduction etc. into prison of prohibited article), but where a person was detained under section 41(3) immediately prior to his detention under subsection (1) above the period of six hours mentioned in subsection (2) above shall be reduced by the length of that earlier detention.

(6) At the time when a constable detains a person under subsection (1) above, he shall inform the person of his suspicion, of the general nature of the offence which he suspects has been or is being committed and of the reason for the detention; and there shall be recorded—

(a) the place where the detention begins and the police station or other premises to which the person is taken;

(b) any other place to which the person is, during the detention, thereafter taken;

(c) the general nature of the suspected offence;

(d) the time when the detention under subsection (1) above begins and the time of the person’s arrival at the police station or other premises;

(e) the time when the person is informed of his rights in terms of subsection (9) below and of subsection (1)(b) of section 15 of this Act and the identity of the constable so informing him;

(f) where the person requests such intimation to be sent as is specified in section 15(1)(b) of this Act, the time when such request is—

(i) made;

(ii) complied with; and

(g) the time of the person’s release from detention or, where instead of being released he is arrested in respect of the alleged offence, the time of such arrest.

(7) Where a person is detained under subsection (1) above, a constable may—

(a) without prejudice to any relevant rule of law as regards the admissibility in evidence of any answer given, put questions to him in relation to the suspected offence;

(b) exercise the same powers of search as are available following an arrest.

(8) A constable may use reasonable force in exercising any power conferred by subsection (1), or by paragraph (b) of subsection (7), above.

(9) A person detained under subsection (1) above shall be under no obligation to answer any question other than to give his name and address the information mentioned in subsection (10) below, and a constable shall so inform him both on so detaining him and on arrival at the police station or other premises.

(10) That information is—

(a) the person’s name;

(b) the person’s address;

(c) the person’s date of birth;

(d) the person’s place of birth (in such detail as a constable considers necessary or expedient for the purpose of establishing the person’s identity); and

(e) the person’s nationality.”