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The Criminal Justice (Scotland) Act 2016 (Commencement No. 5, Transitional and Saving Provisions) Order 2017

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Article 3

SCHEDULE

Column 1Column 2
Provisions of the 2016 ActSubject matter
Section 1Power of arrest
Section 2Exercise of the power
Section 3Information to be given on arrest
Section 4Arrested person to be taken to police station
Section 5Information to be given at police station
Section 6Information to be recorded by police
Section 7Authorisation for keeping in custody
Section 8Information to be given on authorisation
Section 912 hour limit: general rule
Section 1012 hour limit: previous period
Section 11Authorisation for keeping in custody beyond 12 hour limit
Section 12Information to be given on authorisation under section 11
Section 13Custody review
Section 14Test for sections 7, 11 and 13
Section 15Medical treatment
Section 16 and schedule 1Release on conditions
Section 17Conditions ceasing to apply
Section 18Modification or removal of conditions
Section 19Review of conditions
Section 20Information to be given if sexual offence
Section 21Person to be brought before court
Section 22Under 18s to be kept in place of safety
Section 23Notice to parent that under 18 to be brought before court
Section 24Notice to local authority
Section 25Liberation by police
Section 26Release on undertaking
Section 27Modification of undertaking
Section 28Rescission of undertaking
Section 29Expiry of undertaking
Section 30Review of undertaking
Section 31Information to be given before interview
Section 32Right to have solicitor present
Section 33Consent to interview without solicitor
Section 34Questioning following arrest
Section 35Authorisation for post-charge questioning
Section 36Authorisation: further provision
Section 37Arrest to facilitate questioning
Section 38Right to have intimation sent to other person
Section 39Right to have intimation sent: under 18s
Section 40Right of under 18s to have access to other person
Section 41Social work involvement in relation to under 18s
Section 43Right to have intimation sent to solicitor
Section 44Right to consultation with solicitor
Section 45Use of reasonable force
Section 46Common law power of entry
Section 47Common law power of search etc.
Section 48Power of search etc. on arrest
Section 49Taking drunk persons to designated place
Section 50Duty not to detain unnecessarily
Section 51Duty to consider child’s wellbeing
Section 52Duties in relation to children in custody
Section 53Duty to inform Principal Reporter
Section 54Abolition of pre-enactment powers of arrest
Section 55Abolition of requirement to charge
Section 56 and schedule 2Consequential modification
Section 57Code of practice about investigative functions
Section 58Disapplication in relation to service offences
Section 59Disapplication in relation to terrorism offences
Section 97Publication of prosecutorial test
Section 109Statements by accused
Section 110(1) and (2)(b)Live television links

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