Search Legislation

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

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

  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

    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

  9. Explanatory Note

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

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the 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