- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(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.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: