Criminal Justice (Scotland) Act 2016

41Social work involvement in relation to under 18sS
This section has no associated Explanatory Notes

(1)Intimation of the fact that a person is in police custody and the place where the person is in custody must be sent to a local authority as soon as reasonably practicable if—

(a)a constable believes that [F1person to be under 18 years of age], F2...

F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3(1A)Intimation of the following facts must also be sent to a local authority—

(a)where the person in custody declines to exercise the right to have intimation sent under section 38, that fact,

(b)where the person in custody requests under section 39(3)(b) that the person to whom intimation is to be sent under section 38 is not asked to attend at the place where the person in custody is being held, that fact,

(c)where the person in custody requests under section 39(6)(b) that no further attempt to send intimation under section 38 is made, that fact,

(d)where the person to whom intimation is sent under section 38—

(i)does not access the person in custody by virtue of the person in custody not wishing that person to have access by virtue of section 40(2), or

(ii)is refused access to the person in custody or has such access restricted by virtue of section 40(4),

that fact.]

(2)A local authority sent intimation under subsection (1) [F4or (1A)] may arrange for someone to visit the person in custody if—

F5(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the local authority—

F6(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)has grounds to believe that its arranging someone to visit the person would best safeguard and promote the person's wellbeing F7....

(3)Before undertaking to arrange someone to visit the person in custody under subsection (2), the local authority must be satisfied that anyone it arranges to visit the person in custody will be able to make the visit within a reasonable time.

(4)Where a local authority arranges for someone to visit the person in custody under subsection (2)—

F8(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the person who the local authority has arranged to visit the person in custody must be permitted access to the person in custody.

(5)In exceptional circumstances, access under subsection (4)(b) 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.

(6)A decision to refuse or restrict access to a person in custody under subsection (4)(b) 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.

F9(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)[F11A local authority sent intimation under subsection (1) or (1A)] may—

(a)advise a constable that the person to whom intimation is to be sent by virtue of section 38(3) should not be sent intimation if the local authority has grounds to believe that sending intimation to that person may be detrimental to the wellbeing of the person in custody, and

(b)give advice as to who might be an appropriate person to a constable considering that matter under section 39(7) (and the constable must have regard to any such advice).

F12(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I1S. 41 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)