xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

[F1Schedule 7BE+W+S+N.I.Rights of persons arrested under section 137A: modifications

Annotations:

Amendments (Textual)

F1Sch. 7B inserted (31.1.2017 for specified purposes, 1.3.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 16; S.I. 2018/227, art. 2(g)

Modifications etc. (not altering text)

C1Sch. 7B applied (with modifications) by 2013 c. 22, Sch. 21 para. 42B, 42D (as inserted (31.1.2017 for specified purposes, 1.3.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 17 para. 10(3); S.I. 2018/227, art. 2(g))

C2Sch. 7B applied (with modifications) by 2007 c. 11, s. 87(2B)(2D) (as inserted (31.1.2017 for specified purposes, 1.3.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 17 para. 9(2); S.I. 2018/227, art. 2(g))

Part 2E+W+S+N.I.Arrests in respect of offences committed in Scotland

5(1)This Part sets out the modifications mentioned in section 137D(3), that is, modifications of the provisions which apply in relation to persons arrested under section 137A in respect of a specified offence committed in Scotland.E+W+S+N.I.

(2)Except as expressly provided by this Part, a reference to a constable in any of those provisions is to be read as a reference to a constable of the arresting force.

(3)A reference to a person in police custody in any of those provisions is to be read as a reference to a person detained under section 137C.

(4)In this Part, references to the arresting force and the investigating force have the same meaning as in section 137C (see subsection (8) of that section).

6(1)Section 38 of the Criminal Justice (Scotland) Act 2016 (right to have intimation sent to other person) is modified as follows.E+W+S+N.I.

(2)Subsection (6) applies as if (instead of the provision made by that subsection) it defined “an appropriate constable” as being—

(a)in relation to delay during the period of 24 hours beginning with the time of the arrest under section 137A, an officer of the investigating force of at least the rank of inspector who has not been involved in the investigation in connection with which the arrest was made;

(b)in relation to delay during any remaining period for which a person may be detained under section 137C, an officer of the investigating force of a rank above that of inspector who has not been involved in the investigation in connection with which the arrest was made.

7(1)Section 40 of that Act (right of under 18s to have access to another person) is modified as follows.E+W+S+N.I.

(2)Subsection (5) applies as if (instead of the provision made by that subsection) it provided for a decision to refuse or restrict access to a person under subsection (1) or (2) to be taken only by—

(a)in the case of a decision to refuse or restrict access during the period of 24 hours beginning with the time of the arrest under section 137A, an officer of the investigating force of at least the rank of inspector who has not been involved in the investigation in connection with which the arrest was made;

(b)in the case of a decision to refuse or restrict access during any remaining period for which a person may be detained under section 137C, an officer of the investigating force of a rank above that of inspector who has not been involved in the investigation in connection with which the arrest was made.

8(1)Section 41 of that Act (social work involvement in relation to under 18s) is modified as follows.E+W+S+N.I.

(2)Subsection (6) applies as if (instead of the provision made by that subsection) it provided for a decision to refuse or restrict access to a person under subsection (4)(b) to be taken only by—

(a)in the case of a decision to refuse or restrict access during the period of 24 hours beginning with the time of the arrest under section 137A, an officer of the investigating force of at least the rank of inspector who has not been involved in the investigation in connection with which the arrest was made;

(b)in the case of a decision to refuse or restrict access during any remaining period for which a person may be detained under section 137C, an officer of the investigating force of a rank above that of inspector who has not been involved in the investigation in connection with which the arrest was made.

9(1)Section 42 of that Act (support for vulnerable persons) is modified as follows.E+W+S+N.I.

(2)Subsection (5)(b)(ii) is to be read as if (instead of referring to a person appointed as a member of police staff under section 26(1) of the Police and Fire Reform (Scotland) Act 2012) it referred to a person who performs a function which is equivalent to a function performed at a police station in Scotland by a person appointed as a member of police staff under section 26(1) of that Act.

10(1)Section 43 of that Act (right to have intimation sent to solicitor) is modified as follows.E+W+S+N.I.

(2)Subsection (1) is to be read as if the list of matters of which a person has a right to have intimation sent to a solicitor—

(a)did not include paragraph (d), but

(b)did include the matters mentioned in section 137D(1)(a) and (b).

11(1)Section 44 of that Act (right to consultation with solicitor) is modified as follows.E+W+S+N.I.

(2)Subsection (3) applies as if (instead of the provision made by that subsection) it provided for a decision to delay the exercise of the right under subsection (1) to be taken only by—

(a)in the case of a delay during the period of 24 hours beginning with the time of the arrest under section 137A, an officer of the investigating force of at least the rank of inspector who has not been involved in the investigation in connection with which the arrest was made;

(b)in the case of a delay during any remaining period for which a person may be detained under section 137C, an officer of the investigating force of a rank above that of inspector who has not been involved in the investigation in connection with which the arrest was made.

12(1)Section 51 of that Act (duty to consider child’s wellbeing) is modified as follows.E+W+S+N.I.

(2)Subsection (1) is to be read as if it did not include paragraphs (a), (c) and (d).]