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

General

1.—(1) Section 58 of the 2016 Act (disapplication of Part 1 in relation to service offences) is subject to this Schedule.

(2) In this Schedule, “constable” has the meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 2012, subject to sub-paragraph (3).

(3) In this Schedule and any provision of Part 1 of the 2016 Act as applied by this Schedule, references to a constable include references to a member of the Ministry of Defence Police.

(4) Subject to sub-paragraph (6), a provision of that Part that is not applied by a paragraph of this Schedule, and that would otherwise apply in the case to which the paragraph relates, does not apply in that case.

(5) For the purposes of provisions of that Part applied by this Schedule, section 64 of the 2016 Act (meaning of police custody) applies—

(a) as if in subsection (1) the reference to the person’s arrest by a constable included a reference to the person’s surrender to a constable as being a person subject to service law who has deserted or is absent without leave;

(b) with the substitution for subsection (2)(b), (c), (ca) and (cb) of—

“(b) the person is transferred to service custody,

(c) the person is brought before a court in accordance with section 314(4) or 315(4)(b) of the Armed Forces Act 2006,

(ca) the person is taken to a place in accordance with section 318(1)(b) of that Act (place in which person sentenced to service detention is required in accordance with law to be detained),”.

(6) Section 58(2) of the 2016 Act does not limit the effect of an amendment or repeal made by schedule 2 to that Act.