40(1)Paragraphs 37 to 39 have effect in relation to a detainee in place of any enactment or rule of law under or by virtue of which a person arrested or detained may be entitled to communicate or consult with any other person.U.K.
(2)But where the detainee appears to a constable to be a child—
(a)the other person named by the detainee in pursuance of paragraph 37(1) must be the detainee's parent,
(b)intimation is to be made under paragraph 37(1) whether the detainee requests that it be made or not, and
(c)section 40 of the Criminal Justice (Scotland) Act 2016 (right of under 18s to have access to other person) applies as if the detainee were a person in police custody for the purposes of that section.
(3)In relation to a detainee who is detained at a place other than a police station, sub-paragraph (2) applies as if references to a constable included an examining officer.
(4)For the purposes of sub-paragraph (2)—
“child” means a person under 16 years of age;
“parent” includes guardian and any person who has the care of the child.
Modifications etc. (not altering text)
C1Sch. 3 modified by S.I. 1993/1813, Sch. 4 para. 7 (as inserted (12.2.2019 for specified purposes; 13.8.2020 in so far as not already in force) by Counter Terrorism and Border Security Act 2019 (c. 3), s. 27(1)(g), Sch. 3 para. 63(1) (with s. 25(9), Sch. 3 para. 63(2)); S.I. 2020/792, reg. 2(g))
Commencement Information
I1Sch. 3 para. 40 in force at Royal Assent for specified purposes, see. s. 27(1)(g)(2)(c)
I2Sch. 3 para. 40 in force at 13.8.2020 in so far as not already in force by S.I. 2020/792, reg. 2(g)