PART 1SARREST AND CUSTODY

Modifications etc. (not altering text)

C1Pt. 1 applied (with modifications) by 2003 c. 20, s. 31A (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 2 para. 2 (with art. 6))

C2Pt. 1 applied (with modifications) by 1994 c. 33, s. 137ZA (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 1 para. 4 (with art. 5(2)))

C3Pt. 1 applied (with modifications) by 2004 c. 20, s. 56A (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 2 para. 3 (with art. 6))

C4Pt. 1 applied (with modifications) by 1987 c. 4, s. 2D (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 2 para. 1 (with art. 6))

CHAPTER 7SGENERAL

[F1Modifications to Part as it applies in certain casesS

Textual Amendments

57CModifications applying by virtue of sections 57A and 57BS

(1)The modifications referred to in sections 57A(1) and 57B(1) are as follows.

(2)Chapter 3 applies as though for the words “brought before a court in accordance with section 21(2)” (in each place where they occur) there were substituted “brought before a court in accordance with an enactment, rule of law or a term of the warrant under which the person was arrested”.

(3)Section 23(2) applies as though—

(a)paragraph (c) read “the reason that the person is to be brought before the court,”, and

(b)paragraph (d) were omitted.

(4)Section 24 applies as though-

(a)in subsection (3)(c), for the words “officially accused” there were substituted “informed that the person is to be brought before a court”, and

(b)subsection (4)(c) read “the reason that the person is to be brought before the court.”.

(5)Section 43(1) applies as though for paragraph (d) there were substituted—

“(d)if there is a requirement to bring the person before a court in accordance with an enactment, rule of law or a term of the warrant under which the person was arrested—

(i)whether the person is to be released from custody, and

(ii)where the person is not to be released, the court before which the person is to be brought in accordance with the requirement and the date on which the person is to be brought before that court.”]

Modifications etc. (not altering text)