The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018

1. Introductory Text

2. Introductory

   1. 1. Citation

   2. 2. Commencement

   3. 3. Extent

   4. 4. Meaning of the 2016 Act

3. Criminal investigations

   1. 5. Cross-border enforcement by constables of territorial police forces

   2. 6. Exercise of functions by constables and members of non-territorial police organisations

   3. 7. Exercise of functions by other officials

4. Service offences etc.

   1. 8. Service offences etc.

5. Extradition

   1. 9. Persons arrested in connection with extradition proceedings

6. Codes of practice under the 2016 Act

   1. 10. Code of practice about investigative functions

   2. 11. Code of practice about searches

   3. 12. Duty of other officials to have regard to code of practice about searches

7. Further modifications of enactments

   1. 13. Legal Aid (Scotland) Act 1986

   2. 14. Criminal Justice and Public Order Act 1994

   3. 15. Criminal Procedure (Scotland) Act 1995

   4. 16. Criminal Law (Consolidation) (Scotland) Act 1995

   5. 17. Crime and Disorder Act 1998

   6. 18. Terrorism Act 2000

   7. 19. Finance Act 2007

   8. 20. UK Borders Act 2007

   9. 21. Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010 (Consequential Provisions) Order 2011

   10. 22. Crime and Courts Act 2013

   11. 23. Immigration Act 2016

   12. 24. 2016 Act

8. Signature

9. 1. SCHEDULE 1

      Cross-border enforcement by constables of territorial police forces

      1. 1. Modification of Part 10 of the Criminal Justice and Public Order Act 1994

      2. 2. In section 136 (execution of warrants)— (a) before subsection (5)...

      3. 3. In section 137 (cross-border powers of arrest etc.)—

      4. 4. After section 137 insert— Arrest under section 136 or 137...

      5. 5. In section 138 (powers of arrest: supplementary provisions)—

      6. 6. In section 140(4), for the words from “the arrested” to...

   2. SCHEDULE 2

      Exercise of functions by constables and members of non-territorial police organisations

      1. 1. Application of 2016 Act to Ministry of Defence Police

      2. 2. Application of 2016 Act to British Transport Police Force

      3. 3. Application of 2016 Act to Civil Nuclear Constabulary

   3. SCHEDULE 3

      Exercise of functions by officials other than police constables

      1. PART 1 General

         1. 1. Interpretation

      2. PART 2 Application of 2016 Act to immigration officers

         1. Introductory

            1. 2. Application of 2016 Act in relation to immigration officers

         2. General adaptations

            1. 3. General adaptations

         3. Specific adaptations

            1. 4. Section 11 (authorisation for keeping in custody beyond 12 hour limit)

            2. 5. Section 66 (cases involving removal of person)

         4. Supplementary

            1. 6. Immigration custody

            2. 7. Powers of search etc. under other enactments

      3. PART 3 Application of 2016 Act to designated customs officials

         1. Introductory

            1. 8. Application of 2016 Act in relation to designated customs officials

         2. General adaptations

            1. 9. General adaptations

         3. Specific adaptations

            1. 10. Section 1 (power of a designated customs official)

            2. 11. Section 11 (authorisation for keeping in custody beyond 12 hour limit)

            3. 12. Section 66 (cases involving removal of person)

         4. Supplementary

            1. 13. Customs custody

            2. 14. Powers of search etc. under other enactments

      4. PART 4 Application of 2016 Act to officers of Revenue and Customs

         1. Introductory

            1. 15. Application of 2016 Act in relation to officers of Revenue and Customs

         2. General adaptations

            1. 16. General adaptations

         3. Specific adaptations

            1. 17. Section 1 (power of an officer of Revenue and Customs)

            2. 18. Section 11 (authorisation for keeping in custody beyond 12 hour limit)

            3. 19. Section 65 (limitation on what enables search of person not in custody)

            4. 20. Section 66 (cases involving removal of person)

         4. Supplementary

            1. 21. Revenue and Customs custody

            2. 22. Powers of search etc. under other enactments

      5. PART 5 Application of 2016 Act to designated NCA officers

         1. 23. Application to designated NCA officers: adaptations

      6. PART 6 Transfers and co-operation

         1. 24. Transfer

         2. 25. Co-operation

   4. SCHEDULE 4

      Application of Part 1 of 2016 Act in relation to service offences etc.

      1. 1. General

      2. 2. Arrest under warrant of judge advocate

      3. 3. Arrest of deserters and absentees without leave

      4. 4. Deserters and absentees without leave surrendering to constable

      5. 5. Surrender of deserters and absentees: transfer to service custody

      6. 6. Surrender of deserters and absentees: bringing before court of summary jurisdiction

      7. 7. Surrender of deserters and absentees: transfer to service custody

      8. 8. Arrest under warrant under section 317 of Armed Forces Act 2006

      9. 9. Arrest of persons unlawfully at large

   5. SCHEDULE 5

      Persons arrested in connection with extradition proceedings

      1. 1. Modification of the Criminal Procedure (Scotland) Act 1995

      2. 2. Modification of the 2016 Act

10. Explanatory Note