Criminal Justice (Scotland) Act 2016
PART 1ARREST AND CUSTODY
CHAPTER 1ARREST BY POLICE
Arrest without warrant
1Power of a constable
2Exercise of the power
Procedure following arrest
3Information to be given on arrest
4Arrested person to be taken to police station
5Information to be given at police station
6Information to be recorded by police
CHAPTER 2CUSTODY: PERSON NOT OFFICIALLY ACCUSED
Keeping person in custody
7Authorisation for keeping in custody
8Information to be given on authorisation
912 hour limit: general rule
1012 hour limit: previous period
11Authorisation for keeping in custody beyond 12 hour limit
12Information to be given on authorisation under section 11
13Custody review
14Test for sections 7, 11 and 13
15Medical treatment
Investigative liberation
16Release on conditions
17Conditions ceasing to apply
18Modification or removal of conditions
19Review of conditions
CHAPTER 3CUSTODY: PERSON OFFICIALLY ACCUSED
Person to be brought before court
20Information to be given in particular cases
21Person to be brought before court
22Under 18s to be kept in place of safety prior to court
23Notice to parent that under 18 to be brought before court
24Notice to local authority that under 18 to be brought before court
Police liberation
25Liberation by police
26Release on undertaking
27Modification of undertaking
28Rescission of undertaking
29Expiry of undertaking
29AExpiry of undertaking: coronavirus-related reason for non-appearance
30Review of undertaking
CHAPTER 4POLICE INTERVIEW
Rights of suspects
31Information to be given before interview
32Right to have solicitor present
33Consent to interview without solicitor
Person not officially accused
34Questioning following arrest
Person officially accused
35Authorisation for questioning
36Authorisation: further provision
37Arrest to facilitate questioning
CHAPTER 5RIGHTS OF SUSPECTS IN POLICE CUSTODY
Intimation and access to another person
38Right to have intimation sent to other person
39Right to have intimation sent: under 18s
40Right of under 18s to have access to other person
41Social work involvement in relation to under 18s
Vulnerable persons
42Support for vulnerable persons
Intimation and access to a solicitor
43Right to have intimation sent to solicitor
44Right to consultation with solicitor
CHAPTER 6POLICE POWERS AND DUTIES
Powers of police
45Use of reasonable force
46Common law power of entry
47Common law power of search etc.
48Power of search etc. on arrest
49Taking drunk persons to designated place
Duties of police
50Duty not to detain unnecessarily
51Duty to consider child's wellbeing
52Duties in relation to children in custody
53Duty to inform Principal Reporter if child not being prosecuted
CHAPTER 7GENERAL
Common law and enactments
54Abolition of pre-enactment powers of arrest
55Abolition of requirement for constable to charge
56Consequential modification
Code of practice about investigative functions
57Code of practice about investigative functions
Modifications to Part as it applies in certain cases
57AArrest without warrant otherwise than in respect of an offence
57BArrest under warrant other than an initiating warrant
57CModifications applying by virtue of sections 57A and 57B
57DArrest under an extradition arrest power
Disapplication of Part
58Disapplication in relation to service offences
59Disapplication in relation to cases involving terrorism
Powers to modify Part
60Further provision about application of Part
61Further provision about vulnerable persons
Interpretation of Part
62Meaning of constable
63Meaning of officially accused
64Meaning of police custody
PART 2SEARCH BY POLICE
CHAPTER 1SEARCH OF PERSON NOT IN POLICE CUSTODY
Lawfulness of search by constable
65Limitation on what enables search
66Cases involving removal of person
67Public safety at premises or events
68Duty to consider child's wellbeing
Miscellaneous and definitions
69Publication of information by police
70Provisions about possession of alcohol
71Matters as to effect of sections 65, 66 and 70
72Meaning of constable etc.
CHAPTER 2CODE OF PRACTICE
Making and status of code
73Contents of code of practice
74Review of code of practice
75Legal status of code of practice
Procedure applying to code
76Consultation on code of practice
77Bringing code of practice into effect
PART 3SOLEMN PROCEDURE
78Proceedings on petition
79Pre-trial time limits
80Duty of parties to communicate
81First diets
82Preliminary hearings
83Plea of guilty
PART 4SENTENCING
Maximum term for weapons offences
84Maximum term for weapons offences
Prisoners on early release
85Sentencing under the 1995 Act
86Sentencing under the 1993 Act
PART 5APPEALS AND SCCRC
Appeals
87Preliminary pleas in summary cases
88Preliminary diets in solemn cases
89Extending certain time limits: summary
90Extending certain time limits: solemn
91Certain lateness not excusable
92Advocation in solemn proceedings
93Advocation in summary proceedings
94Finality of appeal proceedings
95Courts reform: spent provisions
SCCRC
96References by SCCRC
PART 6MISCELLANEOUS
CHAPTER 1PUBLICATION OF PROSECUTORIAL TEST
97Publication of prosecutorial test
CHAPTER 2SUPPORT FOR VULNERABLE PERSONS
98Meaning of appropriate adult support
99Responsibility for ensuring availability of appropriate adults
100Assessment of quality of appropriate adult support
101Training for appropriate adults
102Recommendations from quality assessor and training provider
103Duty to ensure quality assessment takes place
104Elaboration of regulation-making powers under this Chapter
105Procedure for making regulations under this Chapter
106Other powers of Ministers unaffected
CHAPTER 3NOTIFICATION IF PARENT OF UNDER 18 IMPRISONED
107Child's named person to be notified
108Definition of certain expressions
CHAPTER 4STATEMENTS AND PROCEDURE
Statements by accused
109Statements by accused
Use of technology
110Live television links
111Electronic proceedings
CHAPTER 5AUTHORISATION UNDER PART III OF THE POLICE ACT 1997
112Authorisation of persons other than constables
CHAPTER 6POLICE NEGOTIATING BOARD FOR SCOTLAND
113Establishment and functions
114Consequential and transitional
PART 7FINAL PROVISIONS
Ancillary and definition
115Ancillary regulations
116Meaning of “the 1995 Act”
Commencement and short title
117Commencement
118Short title
SCHEDULE 1BREACH OF LIBERATION CONDITION
Offence of breaching condition
1(1) A person commits an offence if, without reasonable excuse,...
Sentencing for the offence
2(1) A person who commits an offence under paragraph 1(1)...
Breach by committing offence
3(1) This paragraph applies— (a) where (and to the extent...
Matters for paragraph 3(2)(b)
4(1) For the purpose of paragraph 3(2)(b), the matters are—...
Matters for paragraph 3(2)(c)
5(1) For the purpose of paragraph 3(2)(c), the matters are—...
Evidential presumptions
6(1) In any proceedings in relation to an offence under...
Interpretation
7In this schedule— (a) references to an investigative liberation condition...
SCHEDULE 2MODIFICATIONS IN CONNECTION WITH PART 1
PART 1PROVISIONS AS TO ARREST
Criminal Procedure (Scotland) Act 1995
1The 1995 Act is amended as follows.
2These provisions are repealed— (a) in section 13, subsection (7),...
3(1) In section 234A, subsections (4A) and (4B) are repealed....
Miscellaneous enactments
4In section 4 of the Trespass (Scotland) Act 1865, for...
5In subsection (3) of section 1 of the Public Meeting...
6In the Firearms Act 1968, section 50 is repealed.
7In the Civic Government (Scotland) Act 1982—
8In the Child Abduction Act 1984, section 7 is repealed....
9In section 11 of the Protection of Badgers Act 1992,...
10In the Criminal Justice and Public Order Act 1994, section...
11In section 8B of the Olympic Symbol etc. (Protection) Act...
12In the Criminal Law (Consolidation) (Scotland) Act 1995—
13In the Deer (Scotland) Act 1996, section 28 is repealed....
14In section 61 of the Crime and Punishment (Scotland) Act...
15In section 7 of the Protection of Wild Mammals (Scotland)...
16In the Fireworks Act 2003— (a) in section 11A, subsection...
17In section 307 of the Criminal Justice Act 2003, subsection...
18In the Antisocial Behaviour etc. (Scotland) Act 2004—
19In section 130 of the Serious Organised Crime and Police...
20In the Animal Health and Welfare (Scotland) Act 2006, in...
21In the Prostitution (Public Places) (Scotland) Act 2007, section 2...
22In section 32 of the Glasgow Commonwealth Games Act 2008,...
23In section 7 of the Tobacco and Primary Medical Services...
24In each of sections 169(2) and 170(2) of the Children's...
25In section 9 of the Forced Marriage etc. (Protection and...
PART 2FURTHER MODIFICATIONS
The 1995 Act
26The 1995 Act is amended as follows.
27These provisions are repealed— (a) sections 14 to 17A,
28(1) In section 18— (a) in subsection (1), the words...
29In section 28— (a) after subsection (1) there is inserted—...
30After section 28 there is inserted— Application of the Criminal...
31In section 42— (a) subsection (3) is repealed,
32In section 74, after paragraph (a) of subsection (2) there...
33In section 79— (a) for subsection (2)(b)(ii) there is substituted—...
34Before section 261A there is inserted— Statements made after charge...
Other enactments
35In subsection (2)(a) of section 8A of the Legal Aid...
36In section 6D of the Road Traffic Act 1988, for...
37In Schedule 8 to the Terrorism Act 2000—
38In the schedule to the Sexual Offences (Procedure and Evidence)...
39In the Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland)...
40In the Children's Hearings (Scotland) Act 2011—
41In section 20 of the Police and Fire Reform (Scotland)...
SCHEDULE 3POLICE NEGOTIATING BOARD FOR SCOTLAND
SCHEDULE 2A POLICE NEGOTIATING BOARD FOR SCOTLAND (introduced by section...

Criminal Justice (Scotland) Act 2016

2016 asp 1

An Act of the Scottish Parliament to make provision about criminal justice including as to police powers and rights of suspects and as to criminal evidence, procedure and sentencing; to establish the Police Negotiating Board for Scotland; and for connected purposes.

Annotations:
Modifications etc. (not altering text)