1.—(1) This Order may be cited as the Police Investigations and Review Commissioner (Application and Modification of the Criminal Justice (Scotland) Act 2016) Order 2017 and comes into force on 25th January 2018.
(2) In this Order—
“2006 Act” means the Police, Public Order and Criminal Justice (Scotland) Act 2006;
“2016 Act” means the Criminal Justice (Scotland) Act 2016(1);
“investigations staff” means members of the Commissioner’s staff designated under paragraph 7B(1) of schedule 4 of the 2006 Act—
to take charge of any investigation on behalf of the Commissioner; or
to assist a member of the Commissioner’s staff designated to take charge of such an investigation,
(and “member of the investigations staff” is to be construed accordingly).
2.—(1) Where a member of the investigations staff exercises any power or privilege of a constable in relation to an investigation carried out in pursuance of paragraph (b)(i) of section 33A of the 2006 Act, Chapters 1 to 6 of Part 1 and sections 54, 55, 57, 57B, 57C, 63, 64, 65, 66 and 68 of the 2016 Act apply in relation to the exercise as though the power or privilege were exercised by a constable of the Police Service of Scotland, subject to the modifications in paragraph (2) and articles 3 and 4.
(2) For the purposes of paragraph (1), the reference in section 64 of the 2016 Act to a person arrested by a constable is to be read as including a person arrested by a member of the investigations staff.
3. In the provisions of the 2016 Act mentioned in article 2, references in column 1 of the table are, subject to the specific modifications in article 4, to be read in accordance with column 2—
| 1. Reference in the 2016 Act | 2. How reference is to be read |
|---|---|
| a constable | a member of the investigations staff |
| the rank of sergeant | the grade of deputy senior investigator |
| the rank of inspector | the grade of senior investigator |
| the rank of chief inspector | the grade of head of investigations |
4. Sections 33 (consent to interview without solicitor) and 42 (support for vulnerable persons) of the 2016 Act are to be read as if the references to “the police” included references to members of the investigations staff.
MICHAEL MATHESON
A member of the Scottish Government
St Andrew’s House,
Edinburgh
21st December 2017