Criminal Justice (Scotland) Act 2016

3 Information to be given on arrest S

When a constable arrests a person (or as soon afterwards as is reasonably practicable), a constable must inform the person—

(a) that the person is under arrest,

(b) of the general nature of the offence in respect of which the person is arrested [F1 (if any)],

(c) of the reason for the arrest,

(d) that the person is under no obligation to say anything, other than to give the information specified in section 34(4), and

(e) of the person's right to have—

(i) intimation sent to a solicitor under section 43, and

(ii) access to a solicitor under section 44.

Textual Amendments

F1 Words in s. 3(b) inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Modification of Part 1 and Ancillary Provision) Regulations 2017 (S.S.I. 2017/453), regs. 1, 2(2)

Modifications etc. (not altering text)

C1 S. 3 applied (with modifications) by 1994 c. 33, s. 137D(3)(a), Sch. 7B Pt. 2 (as inserted (31.1.2017 for specified purposes, 1.3.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 116(1)(3), 183(1)(5)(e), Sch. 16; S.I. 2018/227, art. 2(f))

Commencement Information

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