Explanatory Notes

Criminal Justice (Scotland) Act 2016

2016 asp 1

13 January 2016

Overview of the Act

Part 1 – Arrest and Custody

Chapter 1 – Arrest by police
Procedure following arrest
Section 5 – Information to be given at police station

27.Section 5 sets out the information that must be provided to a person taken to a police station under arrest and to those arrested whilst at a police station.

28.In particular, section 5(2) and (3) set out various matters that the arrested person must be informed of, as soon as reasonably practicable, e.g. their right not to say anything other than to provide information relating to their name, address etc.; their rights to have intimation sent, and to have access, to solicitors and, where appropriate, persons such as parents or other persons capable of giving support; and their rights under Articles 3 and 4 of Directive 2012/13/EU of the European Parliament and of the Council, including, for example, a letter of rights which contains basic information to assist persons in understanding their rights.