No versions valid at: 11/05/2017
Point in time view as at 11/05/2017. This version of this provision is not valid for this point in time.
Criminal Justice (Scotland) Act 2016, Section 22 is up to date with all changes known to be in force on or before 13 August 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.
Valid from 25/01/2018
(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.
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.
