24Legal custodyS
(1)In section 13 of the 1989 Act (legal custody of prisoners)—
(a)for the words “A person shall be deemed to be” there is substituted “ Without prejudice to section 295 of the Criminal Procedure (Scotland) Act 1995 (c. 46) (legal custody of persons generally), a prisoner is ”; and
(b)in paragraph (b), at the end there is added “ , a constable (“constable” having the same meaning as it has, by virtue of paragraph 17(1) and (2) of Schedule 1 to the Crime (Sentences) Act 1997 (c. 43), in section 40(1) of this Act) or a police custody and security officer ”.
(2)In section 295 of the 1995 Act (legal custody of persons generally)—
(a)at the beginning there is inserted “ Without prejudice to section 13 of the Prisons (Scotland) Act 1989 (c. 45) (legal custody of prisoners), ”;
(b)for the word “shall” there is substituted “ is ”; and
(c)the words “be deemed to be” are repealed.