The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018

Surrender of deserters and absentees: transfer to service custody

5.—(1) The following provisions of Part 1 of the 2016 Act apply where—

(a) a person’s case is considered under subsection (3) of section 315 of the Armed Forces Act 2006 (deserters and absentees without leave surrendering to civilian police); and

(b) the person considering the case acts under subsection (4)(a) of that section (power to arrange for person to be transferred to service custody).

(2) Section 5 (information to be given at police station) applies with the following modifications—

(a) in subsection (1)(a) for “been arrested” substitute “surrendered”;

(b) in subsection (1)(b) for the reference to section 4 of the 2016 Act substitute a reference to section 315(1) of the Armed Forces Act 2006;

(c) in subsection (2)(a) omit “other than to give the information specified in section 34(4),”;

(d) omit subsection (2)(b)(ii) and (iv).

(3) In section 6 (information to be recorded by police)—

(a) subsection (1) applies, substituting references to surrender, or surrender to a constable, for references to arrest, or arrest by a constable;

(b) subsection (2) applies, but—

(i) omitting paragraphs (a) and (c); and

(ii) substituting a reference to surrender to a constable for the reference to arrest by a constable;

(4) Section 38 (right to have intimation sent to other person) applies, omitting subsections (2)(a) and (3)(a) except for the purposes of section 41(7).

(5) Section 39 (right to have intimation sent: under 18s) applies with the following modifications—

(a) omit subsections (2), (3) and (4)(b);

(b) in subsection (6), in paragraph (a) omit from “and agrees to attend” to the end, and at the end of paragraph (b) add—

“, or

(c) the person is transferred to service custody.”;

(c) in subsection (7) omit paragraph (a) except for the purposes of section 41(7).

(6) Section 41 (social work involvement in relation to under 18s) applies with the following modifications—

(a) in subsection (4) omit “and 40”;

(b) in subsection (7) for “to 40” substitute “and 39”.

(7) Section 42 (support for vulnerable persons) applies.

(8) Section 43 (right to have intimation sent to a solicitor) applies, omitting subsection (1)(c) and (d).

(9) Section 45 (use of reasonable force) applies.

(10) Section 50 (duty not to detain unnecessarily) applies.

(11) Section 51 (duty to consider child’s wellbeing) applies, omitting subsection (1)(a), (c) and (d).

(12) Section 52 (duties in relation to children in custody) applies.