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

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PART 6Transfers and co-operation

Transfer

24.—(1) A person who is in immigration custody, customs custody, Revenue and Customs custody or police custody as a result of being arrested under section 1 of the 2016 Act or of being transferred under this paragraph, may be transferred as follows.

(2) A person in immigration custody may be transferred to customs custody or police custody.

(3) A person in customs custody may be transferred to Revenue and Customs custody or police custody.

(4) A person in Revenue and Customs custody may be transferred to customs custody or police custody.

(5) A person in police custody may be transferred to immigration custody, customs custody or Revenue and Customs custody.

(6) This paragraph does not affect any other power of transfer.

Co-operation

25.—(1) Where in relation to anything done by a relevant officer (“R”) a provision of the 2016 Act, as applied by this Schedule, confers a power or imposes a duty on a relevant officer who may or must be a person other than R, the power may be exercised or the duty performed by a constable (and where it is, the power or duty is to be read without the modifications made by this Schedule).

(2) Where in relation to anything done by a constable (“C”)—

(a)a provision of the 2016 Act confers a power or imposes a duty on a constable who may or must be a person other than C; and

(b)the provision is applied by this Schedule to a relevant officer,

the power may be exercised or the duty performed by a relevant officer (and where it is, the power or duty is to be read with the modifications made by this Schedule).

(3) In this paragraph “relevant officer” means an immigration officer, a designated customs official or an officer of Revenue and Customs.

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