Search Legislation

Criminal Justice (Scotland) Act 2016

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Section 22

 Help about opening options

Alternative versions:

Changes to legislation:

Criminal Justice (Scotland) Act 2016, Section 22 is up to date with all changes known to be in force on or before 06 June 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. Help about Changes to Legislation

22Under 18s to be kept in place of safety prior to courtS
This section has no associated Explanatory Notes

(1)Subsection (2) applies when—

(a)a person is to be brought before a court in accordance with section 21(2), and

(b)either—

(i)a constable believes the person is under 16 years of age, or

(ii)the person is subject to a compulsory supervision order, or an interim compulsory supervision order, made under the Children's Hearings (Scotland) Act 2011.

(2)The person must (unless released from custody under section 25) be kept in a place of safety until the person can be brought before the court.

(3)The place of safety in which the person is kept must not be a police station unless an appropriate constable certifies that keeping the person in a place of safety other than a police station would be—

(a)impracticable,

(b)unsafe, or

(c)inadvisable due to the person's state of health (physical or mental).

(4)A certificate under subsection (3) must be produced to the court when the person is brought before it.

(5)In this section—

  • an appropriate constable” means a constable of the rank of inspector or above,

  • place of safety” has the meaning given in section 202(1) of the Children's Hearings (Scotland) Act 2011.

Modifications etc. (not altering text)

C1S. 22 applied by 1995 c. 46, s. 28A(2) (as inserted (25.1.2018) by Criminal Justice (Scotland) Act 2016 (asp 1), s. 117(2), sch. 2 para. 30; S.S.I. 2017/345, art. 3, sch.)

Commencement Information

I1S. 22 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

Back to top

Options/Help

You have chosen to open the Whole Act

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?