Police and Fire Reform (Scotland) Act 2012

91 Escape from custody

(1) It is an offence for a person—

(a) to remove a person from custody, or

(b) to assist the escape of a person in custody.

(2) The reference in subsection (1) to a person in custody is to be construed as a reference to a person—

(a) who is in the lawful custody of a person (“A”) acting in a capacity mentioned in subsection (3) or a person assisting A while A is acting in such capacity, or

(b) who is in the act of eluding or escaping from such custody, whether or not the person has actually been arrested.

(3) The capacities are—

(a) that of a constable,

(b) that of a police custody and security officer,

(c) that of a member of a relevant police force when such member is executing a warrant or is otherwise acting in Scotland by virtue of any enactment conferring powers on the member in Scotland,

(d) that of a person who—

(i) is a member of an international joint investigation team that is led by a person acting in a capacity mentioned in paragraph (a) or (c), and

(ii) is carrying out functions as a member of that team.

(4) A person who is guilty of an offence under subsection (1) is liable on summary conviction to imprisonment for a period not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both.