Directed surveillance to be treated as intrusive surveillance3

1

Directed surveillance which is to be carried out on any part of premises specified in paragraph (2) is to be treated as intrusive surveillance for the purposes of the Act if, at any time when the surveillance is to be carried out, that part of those premises is to be used for a legal consultation.

2

The premises are—

a

any premises in which individuals who are serving sentences of imprisonment or detention, remanded in custody or remanded or committed for trial or sentence, may be detained;

b

a legalised police cell within the meaning of section 14(1) of the Prisons (Scotland) Act 19892;

c

any premises in which individuals may be detained under paragraph 16(1), (1A) or (2) of Schedule 2 or paragraph 2(2) or (3) of Schedule 3 to the Immigration Act 19713 or section 36(1) of the UK Borders Act 20074;

d

any premises in which individuals may be detained under Part VI of the Criminal Procedure (Scotland) Act 19955 or the Mental Health (Care and Treatment) (Scotland) Act 20036;

e

a police station;

f

the place of business of any professional legal adviser; and

g

any premises used for the sittings and business of any court, tribunal or inquiry.