Supplementary
Customs custody
13.—(1) For the purposes of provisions of the 2016 Act as applied by this Part of this Schedule, a person is in customs custody from the time the person is arrested by a designated customs official, or is transferred in accordance with the law into the custody of a designated customs official, until any one of the events mentioned in sub-paragraph (2) occurs.
(2) The events are—
(a)the person is released from custody;
(b)the person is brought before a court in accordance with section 21(2) of the 2016 Act;
(c)the person is brought before a court in accordance with section 28(2) or (3) of the Criminal Procedure (Scotland) Act 1995;
(d)the person is brought before a court in accordance with—
(i)any other enactment or rule of law which requires that a person in custody be brought before a court; or
(ii)a term of the warrant under which the person was arrested;
(e)the person is transferred in accordance with the law into the custody of a person who is not a designated customs official;
(f)the Principal Reporter directs under section 65(2)(b) of the Children’s Hearings (Scotland) Act 2011 that the person continue to be kept in a place of safety.
Powers of search etc. under other enactments
14. Where a person is arrested by a designated customs official under section 1 of the 2016 Act(1), a designated customs official may exercise any power that would be exercisable by a designated customs official if the person had been arrested under another enactment that confers power on a designated customs official to arrest in relation to the same offence.