Point in time view as at 01/04/2016.
Police and Fire Reform (Scotland) Act 2012, Section 95 is up to date with all changes known to be in force on or before 27 July 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)The Authority must make arrangements to ensure that members of the SPT may—
(a)visit detainees,
(b)access information relevant to the treatment of detainees and the conditions in which they are detained, and
(c)monitor the treatment of detainees and the conditions in which they are detained.
(2)The arrangements must authorise members of the SPT to do anything which the Authority considers necessary to enable them to visit detainees and monitor the treatment of detainees and the conditions in which they are detained.
(3)The arrangements may, in particular, authorise members of the SPT to—
(a)access, without prior notice, any place in which a detainee is held (accompanied by such experts as the SPT members think fit),
(b)examine records relating to the detention of persons there,
(c)meet any detainees there (in private) to discuss their treatment while detained and the conditions in which they are detained,
(d)inspect the conditions in which persons are detained there (including cell accommodation, washing and toilet facilities and facilities for the provision of food), and
(e)meet such other persons as the SPT members think may have information relevant to the treatment of detainees and the conditions in which they are detained.
(4)The arrangements may allow access to a detainee to be refused only—
(a)where there areurgent and compelling grounds of public safety, natural disaster or serious disorder in the place to be visited that temporarily prevent the carrying out of such a visit, and
(b)the Scottish Ministers have notified the Authority that such grounds exist and that access should accordingly be refused.
(5)The Authority must keep the arrangements under review and revise them as it thinks fit.
(6)The Authority and members of its staff and the Police Service and police staff must have regard to any guidance issued by the Scottish Ministers about SPT visits.
Commencement Information
I1S. 95 in force at 1.4.2013 by S.S.I. 2013/51, art. 2
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.
