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

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Criminal investigations

Cross-border enforcement by constables of territorial police forces

5.—(1) Schedule 1 modifies Part 10 of the Criminal Justice and Public Order Act 1994(1).

(2) Schedule 1 does not apply in relation to a case in which a person is arrested or detained before this article comes into force.

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

6.  Schedule 2 makes provision about the application of the 2016 Act in relation to—

(a)the Ministry of Defence Police;

(b)the British Transport Police Force; and

(c)the Civil Nuclear Constabulary.

Exercise of functions by other officials

7.—(1) Schedule 3 makes provision about the application of the 2016 Act in relation to—

(a)immigration officers;

(b)designated customs officials; and

(c)officers of Revenue and Customs.

(2) Nothing in Parts 2 to 5 of Schedule 3 causes a provision contained in Part 1 of the 2016 Act to apply in relation to a case in which a person is arrested before this article comes into force.

(3) Nothing in Parts 2 to 5 of Schedule 3 causes a provision of the 2016 Act to apply in relation to a case if—

(a)the provision is contained in Part 1 of the 2016 Act and it would not apply in relation to the case had the arrest of the person in question been effected in Scotland by a constable of the Police Service of Scotland under section 1 of that Act; or

(b)the provision is contained in Part 2 of the 2016 Act and it would not apply in relation to the case had the search of the person in question been carried out in Scotland by a constable of the Police Service of Scotland.

(1)

1994 c.33. Part 10 of the 1994 Act is amended by the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40), Schedule 4, paragraph 93(6); the Youth Justice and Criminal Evidence Act 1999 (c.23), Schedule 4, paragraph 23; the Powers of Criminal Courts (Sentencing) Act 2000 (c.6), Schedule 9, paragraph 161; the Terrorism Act 2000 (c.11), Schedule 15, paragraph 9; the Anti-terrorism, Crime and Security Act 2001 (c.24), Schedule 7, paragraphs 17 to 19; the Proceeds of Crime Act 2002 (c.29), Schedule 11, paragraph 24; the Serious Organised Crime and Police Act 2005 (c.15), Schedule 7, paragraph 47; the Finance Act 2007 (c.11), section 87(6); the Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288), Schedule 1, paragraph 28; the Criminal Justice and Immigration Act 2008 (c.4), Schedule 4, paragraph 42; the Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010 (Consequential Provisions) Order 2011 (S.I. 2011/1739), Schedule 2; the Policing and Crime Act 2017 (c.3), Part 4, Chapter 8.

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