Criminal Justice (Scotland) Act 2016

40 Right of under 18s to have access to other person S

(1) Access to a person in police custody who a constable believes is under 16 years of age must be permitted to—

(a) a parent of the person,

(b) where a parent is not available, a person sent intimation under section 38 in respect of the person in custody.

(2) Access to a person in police custody who a constable believes is 16 or 17 years of age must be permitted to a person sent intimation under section 38 in respect of the person in custody where the person in custody wishes to have access to the person sent intimation.

(3) Access to a person in custody under subsection (1) or (2) need not be permitted to more than one person at the same time.

(4) In exceptional circumstances, access under subsection (1) or (2) may be refused or restricted so far as the refusal or restriction is necessary—

(a) in the interests of—

(i) the investigation or prevention of crime, or

(ii) the apprehension of offenders, or

(b) for the wellbeing of the person in custody.

(5) A decision to refuse or restrict access to a person in custody under subsection (1) or (2) may be taken only by a constable who—

(a) is of the rank of sergeant or above, and

(b) has not been involved in the investigation in connection with which the person is in custody.

(6) In this section, “parent” includes guardian and any person who has the care of the person in custody.

Modifications etc. (not altering text)

C1 S. 40 applied (12.2.2019 for specified purposes, 13.8.2020 in so far as not already in force) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(1)(g), Sch. 3 para. 40(2)(c) (with s. 25(9)); S.I. 2020/792, reg. 2(g)

C2 S. 40 applied (with modifications) (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 17(2)(c) (with s. 97); S.I. 2023/1272, reg. 2(a)

Commencement Information

I1 S. 40 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)