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

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Surrender of deserters and absentees: bringing before court of summary jurisdiction

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6.—(1) The following provisions of Part 1 of the 2016 Act apply where—

(a)a person’s case is considered under subsection (3) of section 315 of the Armed Forces Act 2006 (deserters and absentees without leave surrendering to civilian police); and

(b)the person considering the case acts under subsection (4)(b) of that section (power to arrange for person to be brought before court of summary jurisdiction).

(2) Section 5 (information to be given at police station) applies with the following modifications—

(a)in subsection (1)(a) for “been arrested” substitute “surrendered”;

(b)in subsection (1)(b) for the reference to section 4 of the 2016 Act substitute a reference to section 315(1) of the Armed Forces Act 2006;

(c)in subsection (2)(a) omit “other than to give the information specified in section 34(4),”.

(3) In section 6 (information to be recorded by police)—

(a)subsection (1) applies, substituting references to surrender, or surrender to a constable, for references to arrest, or arrest by a constable;

(b)subsection (2) applies, but—

(i)omitting paragraphs (a) and (c); and

(ii)substituting a reference to surrender to a constable for the reference to arrest by a constable;

(4) Section 22 (under 18s to be kept in place of safety prior to court) applies with the following modifications—

(a)in subsection (1)(a) for the reference to section 21(2) of the 2016 Act substitute a reference to section 315(4)(b) of the Armed Forces Act 2006;

(b)in subsection (1)(b) omit sub-paragraph (i);

(c)in subsection (2) omit the reference to release under section 25.

(5) Section 23 (notice to parent that under 18 to be brought before court) applies with the following modifications—

(a)in subsection (1) omit “or under 16 years of age”;

(b)in subsection (1)(a) for the reference to section 21(2) of the 2016 Act substitute a reference to section 315(4)(b) of the Armed Forces Act 2006;

(c)omit subsection (1)(b);

(d)omit subsection (2)(d).

(6) Section 24 (notice to local authority that under 18 to be brought before court) applies with the following modifications—

(a)in subsection (1)(a) for the reference to section 21(2) of the 2016 Act substitute a reference to section 315(4)(b) of the Armed Forces Act 2006;

(b)omit subsection (1)(b);

(c)omit subsection (2)(a);

(d)omit subsection (3)(c);

(e)in subsection (4)(a) omit “or (as the case may be) (b)”;

(f)omit subsection (4)(c).

(7) Section 38 (right to have intimation sent to other person) applies, omitting subsections (2)(a) and (3)(a) except for the purposes of section 41(7).

(8) Section 39 (right to have intimation sent: under 18s) applies, omitting subsection (7)(a) except for the purposes of section 41(7).

(9) Section 40 (right of under 18s to have access to other person) applies, omitting subsection (5)(b).

(10) Section 41 (social work involvement in relation to under 18s) applies.

(11) Section 42 (support for vulnerable persons) applies.

(12) Section 43 (right to have intimation sent to a solicitor) applies, omitting subsection (1)(d).

(13) Section 44 (right to consultation with solicitor) applies.

(14) Section 45 (use of reasonable force) applies.

(15) Section 50 (duty not to detain unnecessarily) applies.

(16) Section 51 (duty to consider child’s wellbeing) applies, omitting subsection (1)(a), (c) and (d).

(17) Section 52 (duties in relation to children in custody) applies.

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