PART 1ARREST AND CUSTODY

CHAPTER 7GENERAL

Interpretation of Part

64Meaning of police custody

(1)

For the purposes of this Part, a person is in police custody from the time the person is arrested by a constable until any one of the events mentioned in subsection (2) occurs.

(2)

The events are—

(a)

the person is released from custody,

(b)

the person is brought before a court in accordance with section 21(2),

(c)

the person is brought before a court under section 28(2) or (3) of the 1995 Act,

F1(ca)

the person is brought before a court in accordance with—

(i)

any other enactment or rule of law which requires that a person in custody be brought before a court, or

(ii)

a term of the warrant under which the person was arrested,

(cb)

the person is transferred in accordance with the law into the custody of a person who is neither—

(i)

a constable, nor

(ii)

a member of police staff appointed under section 26(1) of the Police and Fire Reform (Scotland) Act 2012,

(d)

the Principal Reporter makes a direction under section 65(2)(b) of the Children's Hearings (Scotland) Act 2011 that the person continue to be kept in a place of safety.