Criminal Justice (Scotland) Act 2016, Section 5 is up to date with all changes known to be in force on or before 04 June 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.
(1)Subsections (2) and (3) apply when—
(a)a person is in police custody having been arrested at a police station, or
(b)a person is in police custody and has been taken to a police station in accordance with section 4.
(2)The person must be informed as soon as reasonably practicable—
(a)that the person is under no obligation to say anything, other than to give the information specified in section 34(4),
(b)of any right the person has to have intimation sent and to have access to certain persons under—
(i)section 38,
(ii)section 40,
(iii)section 43,
(iv)section 44.
(3)The person must be provided as soon as reasonably practicable with such information (verbally or in writing) as is necessary to satisfy the [F1requirements placed on member States by] Articles 3 and 4 of Directive 2012/13/EU of the European Parliament and of the Council on the right to information in criminal proceedings.
Textual Amendments
F1Words in s. 5(3) substituted (31.12.2020) by The Criminal Justice (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/339), regs. 1(3), 17
Commencement Information
I1S. 5 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)
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