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Criminal Justice (Scotland) Act 2016
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Criminal Justice (Scotland) Act 2016, Section 64 is up to date with all changes known to be in force on or before 11 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 64:
- Act expiry of affecting provision 2022 asp 8, sch. para. 15 by S.S.I. 2023/360 reg. 2(a)
- s. 38(7)(a) words renumbered as s. 38(7)(a) by 2024 asp 5 s. 15(6)(a)
- s. 38(7)(b) and word inserted by 2024 asp 5 s. 15(6)(b)
- s. 41(1A) inserted by 2024 asp 5 s. 15(7)(b)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act expiry of affecting provision 2022 asp 8, sch. para. 15 by S.S.I. 2023/360 reg. 2(a)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 38(7)(a) words renumbered as s. 38(7)(a) by 2024 asp 5 s. 15(6)(a)
- s. 38(7)(b) and word inserted by 2024 asp 5 s. 15(6)(b)
- s. 41(1A) inserted by 2024 asp 5 s. 15(7)(b)
64Meaning of police custodyS
This section has no associated Explanatory Notes
(1)For the purposes of this Part, a person is in police custody from the time the person is arrested by a constable until any one of the events mentioned in subsection (2) occurs.
(2)The events are—
(a)the person is released from custody,
(b)the person is brought before a court in accordance with section 21(2),
(c)the person is brought before a court under section 28(2) or (3) of the 1995 Act,
[F1(ca)the person is brought before a court in accordance with—
(i)any other enactment or rule of law which requires that a person in custody be brought before a court, or
(ii)a term of the warrant under which the person was arrested,
(cb)the person is transferred in accordance with the law into the custody of a person who is neither—
(i)a constable, nor
(ii)a member of police staff appointed under section 26(1) of the Police and Fire Reform (Scotland) Act 2012,]
(d)the Principal Reporter makes a direction under section 65(2)(b) of the Children's Hearings (Scotland) Act 2011 that the person continue to be kept in a place of safety.
[F2(3)A person who is at a police station in the custody of a prisoner custody officer is not to be regarded as having been transferred into the custody of that officer for the purposes of subsection (2)(cb).
(4)In subsection (3), “prisoner custody officer” has the meaning given in section 114(1) of the Criminal Justice and Public Order Act 1994.]
Textual Amendments
F1S. 64(2)(ca)(cb) inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Modification of Part 1 and Ancillary Provision) Regulations 2017 (S.S.I. 2017/453), regs. 1, 2(8)
F2S. 64(3)(4) inserted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 40(6), 59(1)
Modifications etc. (not altering text)
C1S. 64 applied (with modifications) (25.1.2018) by The Police Investigations and Review Commissioner (Application and Modification of the Criminal Justice (Scotland) Act 2016) Order 2017 (S.S.I. 2017/465), arts. 1-4
Commencement Information
I1S. 64 in force at 17.1.2017 by S.S.I. 2016/426, art. 2, sch.
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