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PART 1SARREST AND CUSTODY

Modifications etc. (not altering text)

C1Pt. 1 applied (with modifications) by 2003 c. 20, s. 31A (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 2 para. 2 (with art. 6))

C2Pt. 1 applied (with modifications) by 1994 c. 33, s. 137ZA (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 1 para. 4 (with art. 5(2)))

C3Pt. 1 applied (with modifications) by 2004 c. 20, s. 56A (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 2 para. 3 (with art. 6))

C4Pt. 1 applied (with modifications) by 1987 c. 4, s. 2D (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 2 para. 1 (with art. 6))

CHAPTER 2SCUSTODY: PERSON NOT OFFICIALLY ACCUSED

Keeping person in custodyS

12Information to be given on authorisation under section 11S

(1)This section applies when authorisation to keep a person in custody is given under section 11.

(2)The person must be informed—

(a)that the authorisation has been given, and

(b)of the grounds on which it has been given.

(3)The person—

(a)has the right to have the information mentioned in subsection (2) intimated to a solicitor, and

(b)must be informed of that right.

(4)The person must be reminded about any right which the person has under Chapter 5.

(5)Subsection (4) does not require that a person be reminded about a right to have intimation sent under either of the following sections if the person has exercised the right already—

(a)section 38,

(b)section 43.

(6)Information to be given under subsections (2), (3)(b) and (4) must be given to the person as soon as reasonably practicable after the authorisation is given.

(7)Where the person requests that intimation be sent under subsection (3)(a), the intimation must be sent as soon as reasonably practicable.

Commencement Information

I1S. 12 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)