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Police and Fire Reform (Scotland) Act 2012

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This is the original version (as it was originally enacted).

96Interpretation of Chapter 16

This section has no associated Explanatory Notes

(1)For the purposes of this Chapter, a reference to a detainee is a reference to a person in the lawful custody of a person (“A”) acting in a capacity mentioned in subsection (2) or a person assisting A while A is acting in such a capacity.

(2)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.

(3)For the purpose of subsection (2) a reference to a member of a relevant police force is a reference to a member of—

(a)a police force maintained under section 2 of the Police Act 1996 (c.16),

(b)the metropolitan police force,

(c)the City of London police force, or

(d)the Police Service of Northern Ireland.

(4)In this Chapter—

  • “SPT” means the Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment established under Article 2 of OPCAT, and

  • “OPCAT” means the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment adopted on 18 December 2002 at the fifty-seventh session of the General Assembly of the United Nations by resolution A/RES/57/199.

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