16(1)A person detained under Schedule 7 or section 41 [F1or 43B] at a [F2place] in Scotland shall be entitled to have intimation of his detention and of the place where he is being detained sent without delay to a solicitor and to another person named by him.U.K.
(2)The person named must be—
(a)a friend of the detained person,
(b)a relative, or
(c)a person who is known to the detained person or who is likely to take an interest in his welfare.
(3)Where a detained person is transferred from one [F3place] to another, he shall be entitled to exercise the right under sub-paragraph (1) in respect of the [F3place] to which he is transferred.
(4)[F4Where a person is detained under Schedule 7 or section 41,] a police officer not below the rank of superintendent may authorise a delay in making intimation where, in his view, the delay is necessary on one of the grounds mentioned in paragraph 17(3) or where paragraph 17(4) applies.
(5)Where a detained person requests that the intimation be made, there shall be recorded the time when the request is—
(a)made, and
(b)complied with.
(6)A person detained [F5as mentioned in sub-paragraph (1)] shall be entitled to consult a solicitor at any time, without delay.
(7)[F6Where a person is detained under Schedule 7 or section 41,] a police officer not below the rank of superintendent may authorise a delay in holding the consultation where, in his view, the delay is necessary on one of the grounds mentioned in paragraph 17(3) or where paragraph 17(4) applies.
(8)F7... The consultation shall be private.
(9)Where a person is detained under section 41 he must be permitted to exercise his rights under this paragraph before the end of the period mentioned in subsection (3) of that section.
[F8(10)A detained person must be informed of the rights under sub-paragraphs (1) and (6) on first being detained.]
Textual Amendments
F1Words in Sch. 8 para. 16(1) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 184(2)(i), 208(5)(w)
F2Word in Sch. 8 para. 16(1) substituted (31.7.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 9 para. 5(9)(a) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/1916, art. 3(b)
F3Word in Sch. 8 para. 16(3) substituted (31.7.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 9 para. 5(9)(a) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/1916, art. 3(b)
F4Words in Sch. 8 para. 16(4) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 184(2)(i)(ii), 208(5)(w)
F5Words in Sch. 8 para. 16(6) inserted (31.7.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 9 para. 5(9)(b) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/1916, art. 3(b)
F6Words in Sch. 8 para. 16(7) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 184(2)(i)(ii), 208(5)(w)
F7Words in Sch. 8 para. 16(8) omitted (13.8.2020) by virtue of Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 17(5)(a), 27(2)(a); S.I. 2020/792, reg. 2(b)
F8Sch. 8 para. 16(10) inserted (13.8.2020) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 17(5)(b), 27(2)(a); S.I. 2020/792, reg. 2(b)
Modifications etc. (not altering text)
C1Sch. 8 paras. 1(6), 2, 6-9, 16-19 applied (with modifications) (11.3.2005) by Prevention of Terrorism Act 2005 (c. 2), s. 5(8)