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The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2017

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 No. 46

Application of 2016 Act in relation to immigration officers
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2.—(1) Chapters 1 to 6 of Part 1 of the 2016 Act(1) and sections 63, 65, 66 and 68 (power to arrest without warrant, other provisions about arrest and custody by police, and police searches) apply in relation to arrest and custody by immigration officers for an immigration offence or nationality offence and searches by them in connection with such an offence, subject to the adaptations in this Part.

(2) Sections 31 to 33 of the 2016 Act (rights of suspects at interview) apply, subject to those adaptations, in relation to a person who attends voluntarily for the purpose of being interviewed by an immigration officer for an immigration offence or nationality offence.

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