PART 1SARREST AND CUSTODY

Modifications etc. (not altering text)

C1Pt. 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))

C2Pt. 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)))

C3Pt. 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))

C4Pt. 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))

CHAPTER 3SCUSTODY: PERSON OFFICIALLY ACCUSED

Modifications etc. (not altering text)

Person to be brought before courtS

20[F1Information to be given in particular cases]S

(1)Subsection (2) applies when—

(a)a person is in police custody having been arrested under a warrant in respect of [F2an offence listed in subsection (3)(b)], or

(b)a person—

(i)is in police custody having been arrested without a warrant, and

(ii)since being arrested, the person has been charged by a constable with [F3an offence listed in subsection (3)(b)].

(2)The person must be informed as soon as reasonably practicable—

(a)that the person's case at, or for the purposes of, any relevant hearing F4... in the course of the proceedings may be conducted only by a lawyer,

(b)that it is, therefore, in the person's interests to get the professional assistance of a solicitor, and

(c)that if the person does not engage a solicitor for the purposes of the conduct of the person's case at or for the purposes of the hearing, the court will do so.

[F5(3)For the purposes of subsections (1) and (2)—

(a)“relevant hearing” is to be construed in accordance with section 288C(1A) or (as the case may be) 288DC(4) of the 1995 Act,

(b)the list is—

(i)an offence to which section 288C of the 1995 Act applies (certain sexual offending),

(ii)an offence to which section 288DC of the 1995 Act applies (domestic abuse cases).]

Textual Amendments

F3Words in s. 20(1)(b)(ii) substituted (1.4.2019) by Domestic Abuse (Scotland) Act 2018 (asp 5), s. 15(2), sch. para. 5(2)(a); S.S.I. 2018/387, reg. 2 (with reg. 7)

Commencement Information

I1S. 20 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)