Search Legislation

The Criminal Justice (Scotland) Act 2016 (Modification of Part 1 and Ancillary Provision) Regulations 2017

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Citation and commencement

1.  These Regulations may be cited as the Criminal Justice (Scotland) Act 2016 (Modification of Part 1 and Ancillary Provision) Regulations 2017 and come into force on 25th January 2018.

Modification of the Criminal Justice (Scotland) Act 2016

2.—(1) The Criminal Justice (Scotland) Act 2016 is amended as follows.

(2) In section 3(b), after “arrested” insert “(if any)”.

(3) In section 4—

(a)after subsection (1) insert—

(1A) But subsection (1) need not be complied with if—

(a)either the warrant under which the person was arrested or an enactment requires that following the arrest the person be taken to a particular place (other than a police station), and

(b)the taking of the person to that place would be unnecessarily delayed by taking the person to a police station first.;

(b)in subsection (2)(a), after “arrested” insert “in respect of an offence”.

(4) In section 6(1), for paragraph (b) substitute—

(b)either—

(i)the general nature of the offence in respect of which the person is arrested, or

(ii)if the person is arrested otherwise than in respect of an offence, the reason for the arrest,.

(5) In section 7(1)(a), after “arrested” insert “in respect of an offence”.

(6) In section 21(1)—

(a)in paragraph (a), for the words from “(other” to “37(1))”, substitute “granted for the purpose of having the person brought before a court in connection with an offence which the person is officially accused of committing”;

(b)in paragraph (b), after “arrested” insert “in respect of an offence”.

(7) After section 57 insert—

Modifications to Part as it applies in certain cases

57A    Arrest without warrant otherwise than in respect of an offence

(1) In a case where—

(a)a constable arrests a person without a warrant, and

(b)the arrest is not in respect of an offence,

this Part applies subject to the modifications set out in section 57C.

(2) For the avoidance of doubt, where it is stated (in whatever terms) that a provision applies in the case of a person arrested without a warrant only if the arrest is in respect of an offence, subsection (1) does not cause that provision to apply in the case of a person who has been arrested otherwise than in respect of an offence.

(3) For the avoidance of doubt, the powers of arrest conferred by the following enactments are (for the purposes of this Part) powers to arrest otherwise than in respect of an offence—

(a)sections 6D and 7(5A) of the Road Traffic Act 1988(1);

(b)section 40 of the Prisons (Scotland) Act 1989(2);

(c)sections 19(6), 19AA(12) and 28(1) of the 1995 Act(3);

(d)section 4(1) of the Protection from Abuse (Scotland) Act 2001(4);

(e)section 5 of the Extradition Act 2003(5);

(f)section 28 of the Adult Support and Protection (Scotland) Act 2007(6).

57B    Arrest under warrant other than an initiating warrant

(1) In a case where a person is arrested by a constable under a relevant warrant, this Part applies subject to the modifications set out in section 57C.

(2) For the avoidance of doubt, subsection (1) does not cause section 21(2) to apply in the case of a person arrested under a relevant warrant.

(3) In this section, “relevant warrant” means any warrant other than one granted for the purpose of having a person brought before a court in connection with an offence which the person is officially accused of committing.

57C    Modifications applying by virtue of sections 57A and 57B

(1) The modifications referred to in sections 57A(1) and 57B(1) are as follows.

(2) Chapter 3 applies as though for the words “brought before a court in accordance with section 21(2)” (in each place where they occur) there were substituted “brought before a court in accordance with an enactment, rule of law or a term of the warrant under which the person was arrested”.

(3) Section 23(2) applies as though—

(a)paragraph (c) read “the reason that the person is to be brought before the court,”, and

(b)paragraph (d) were omitted.

(4) Section 24 applies as though-

(a)in subsection (3)(c), for the words “officially accused” there were substituted “informed that the person is to be brought before a court”, and

(b)subsection (4)(c) read “the reason that the person is to be brought before the court.”.

(5) Section 43(1) applies as though for paragraph (d) there were substituted—

(d)if there is a requirement to bring the person before a court in accordance with an enactment, rule of law or a term of the warrant under which the person was arrested—

(i)whether the person is to be released from custody, and

(ii)where the person is not to be released, the court before which the person is to be brought in accordance with the requirement and the date on which the person is to be brought before that court..

(8) In section 64(2), after paragraph (c) insert—

(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(7),.

Ancillary provision

3.  The schedule contains modifications of other enactments.

MICHAEL MATHESON

A member of the Scottish Government

St Andrew’s House,

Edinburgh

14th December 2017

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Policy Note

Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources