Point in time view as at 11/05/2017.
Criminal Justice (Scotland) Act 2016, Section 98 is up to date with all changes known to be in force on or before 11 August 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)For the purposes of this Chapter, “appropriate adult support” means—
(a)support of the sort mentioned in subsection (3) of section 42 that is provided to a person about whom intimation has been sent under subsection (2) of that section, and
(b)such other support for vulnerable persons in connection with a criminal investigation or criminal proceedings as the Scottish Ministers specify by regulations.
(2)In regulations under subsection (1)(b), the Scottish Ministers may, in particular, specify support by reference to—
(a)the purpose it is to serve,
(b)the description of vulnerable persons to whom it is to be available, and
(c)the circumstances in which it is to be available.
(3)For the purposes of this section—
“vulnerable person” means a person who, owing to mental disorder, is—
unable to understand sufficiently what is happening, or
communicate effectively,
in the context of a criminal investigation or criminal proceedings,
“mental disorder” has the meaning given by section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003.
(4)The Scottish Ministers may by regulations amend the definitions of “vulnerable person” and “mental disorder” in subsection (3) for the purpose of making them consistent with (respectively) subsections (1)(c) and (5)(a) of section 42.
Commencement Information
I1S. 98 in force at 17.1.2017 by S.S.I. 2016/426, art. 2, sch.
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