Criminal Justice (Scotland) Act 2016

64 Meaning of police custody S

(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.

Textual Amendments

F1 S. 64(2)(ca)(cb) inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Modification of Part 1 and Ancillary Provision) Regulations 2017 (S.S.I. 2017/453), regs. 1, 2(8)

Modifications etc. (not altering text)

C1 S. 64 applied (with modifications) (25.1.2018) by The Police Investigations and Review Commissioner (Application and Modification of the Criminal Justice (Scotland) Act 2016) Order 2017 (S.S.I. 2017/465), arts. 1-4

C2 S. 64(2)(cb) restricted (temp.) (27.5.2020) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10), s. 16(1), sch. 2 para. 4 (with s. 9) (which affecting provision expires (1.10.2022) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10), s. 9(1))

Commencement Information

I1 S. 64 in force at 17.1.2017 by S.S.I. 2016/426, art. 2, sch.