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(1)Subsections (2) and (3) apply when—
(a)a person is in police custody having been arrested at a police station, or
(b)a person is in police custody and has been taken to a police station in accordance with section 4.
(2)The person must be informed as soon as reasonably practicable—
(a)that the person is under no obligation to say anything, other than to give the information specified in section 34(4),
(b)of any right the person has to have intimation sent and to have access to certain persons under—
(i)section 38,
(ii)section 40,
(iii)section 43,
(iv)section 44.
(3)The person must be provided as soon as reasonably practicable with such information (verbally or in writing) as is necessary to satisfy the requirements of Articles 3 and 4 of Directive 2012/13/EU of the European Parliament and of the Council on the right to information in criminal proceedings.
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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
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