Coronavirus (Recovery and Reform) (Scotland) Act 2022

40 Custody officers’ functions

(1) The Criminal Justice and Public Order Act 1994 is modified by subsection (2).

(2) In—

(a) section 102(2) (arrangements for the provision of prisoner escorts), after paragraph (b) insert—

“(ba) the custody of prisoners held in a police station and their production, by electronic means from the station, before a court;”,

(b) section 104(4) (powers and duties of prisoner custody officers performing escort functions), for “on any premises” to “he” substitute “—

“(a) on any premises in which a court of summary jurisdiction is sitting; or

(b) in a police station and has the custody of a prisoner who is, from the station, before a court of summary jurisdiction by electronic means,

the officer”.

(3) The Police and Fire Reform (Scotland) Act 2012 is modified by subsection (4).

(4) In schedule 2 (police custody and security officers: powers and duties), after paragraph 1(b) insert—

“(ba) to have custody of persons held in legal custody in a police station for the purpose of effecting their production, by electronic means from the station, before a court,”.

(5) The Criminal Justice (Scotland) Act 2016 is modified by subsection (6).

(6) In section 64 (meaning of police custody), after subsection (2) insert—

“(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.”.

(7) The Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 is modified by subsection (8).

(8) In section 2(5)(b) (mandatory inquiries), after “2016” insert “, or otherwise in custody at a police station”.