Search Legislation

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

Arrest under warrant of judge advocate

This section has no associated Explanatory Memorandum

2.—(1) The following provisions of Part 1 of the 2016 Act apply where a person is arrested by a constable under a warrant under section 313 of the Armed Forces Act 2006 (warrant of judge advocate for arrest for service offence).

(2) Section 3 (information to be given on arrest) applies with the following modifications—

(a)in paragraph (d) omit “other than to give the information specified in section 34(4),”;

(b)after paragraph (d) add—

(da)of the person’s right to have intimation sent under section 38;;

(c)omit paragraph (e)(ii).

(3) Section 5 (information to be given at police station) applies with the following modifications—

(a)in subsection (1)(b) omit “in accordance with section 4”;

(b)in subsection (2)(a) omit “other than to give the information specified in section 34(4),”;

(c)in subsection (2)(b) omit “and to have access” and sub-paragraphs (ii) and (iv).

(4) In section 6 (information to be recorded by police)—

(a)subsection (1) applies;

(b)subsection (2) applies, but omitting paragraphs (a) and (c).

(5) Section 38 (right to have intimation sent to other person) applies.

(6) Section 39 (right to have intimation sent: under 18s) applies with the following modifications—

(a)omit subsections (2), (3) and (4)(b);

(b)in subsection (6), in paragraph (a) omit from “and agrees to attend” to the end, and at the end of paragraph (b) add—

, or

(c)the person is transferred to service custody..

(7) Section 41 (social work involvement in relation to under 18s) applies with the following modifications—

(a)in subsection (4) omit “and 40”;

(b)in subsection (7) for “to 40” substitute “and 39”.

(8) Section 42 (support for vulnerable persons) applies.

(9) Section 43 (right to have intimation sent to a solicitor) applies, omitting subsection (1)(c) and (d).

(10) Section 45 (use of reasonable force) applies.

(11) Section 46 (common law power of entry) applies.

(12) Section 50 (duty not to detain unnecessarily) applies.

(13) Section 51 (duty to consider child’s wellbeing) applies, omitting subsection (1)(a), (c) and (d).

(14) Section 52 (duties in relation to children in custody) applies.

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

Draft Explanatory Memorandum

Draft Explanatory Memorandum sets out a brief statement of the purpose of a Draft Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Draft Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

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