Criminal Justice (Scotland) Act 2016 (asp 1)

PART 1 S ARREST AND CUSTODY

Modifications etc. (not altering text)

C1 Pt. 1 applied (with modifications) by 2003 c. 20, s. 31A (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 2 para. 2 (with art. 6))

C2 Pt. 1 applied (with modifications) by 1994 c. 33, s. 137ZA (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 1 para. 4 (with art. 5(2)))

C3 Pt. 1 applied (with modifications) by 2004 c. 20, s. 56A (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 2 para. 3 (with art. 6))

C4 Pt. 1 applied (with modifications) by 1987 c. 4, s. 2D (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 2 para. 1 (with art. 6))

C5 Pt. 1 applied (with modifications) (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 4 (with art. 8)

CHAPTER 7 S GENERAL

Common law and enactments S

54 Abolition of pre-enactment powers of arrest S

A constable has no power to arrest a person without a warrant in respect of an offence that has been or is being committed other than—

(a) the power of arrest conferred by section 1,

(b) the power of arrest conferred by section 41(1) of the Terrorism Act 2000.

Modifications etc. (not altering text)

C6 S. 54 applied (with modifications) (25.1.2018) by The Police Investigations and Review Commissioner (Application and Modification of the Criminal Justice (Scotland) Act 2016) Order 2017 (S.S.I. 2017/465), arts. 1-4

Commencement Information

I1 S. 54 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

55 Abolition of requirement for constable to charge S

Any rule of law that requires a constable to charge a person with an offence in particular circumstances is abolished.

Modifications etc. (not altering text)

C7 S. 55 applied (with modifications) (25.1.2018) by The Police Investigations and Review Commissioner (Application and Modification of the Criminal Justice (Scotland) Act 2016) Order 2017 (S.S.I. 2017/465), arts. 1-4

Commencement Information

I2 S. 55 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

56 Consequential modification S

Schedule 2 contains repeals and other provisions consequential on this Part.

Commencement Information

I3 S. 56 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.