Criminal Justice (Scotland) Act 2016 (asp 1)

Yn ddilys o 25/01/2018

SCHEDULE 2 S MODIFICATIONS IN CONNECTION WITH PART 1

PART 2 S FURTHER MODIFICATIONS

Other enactments S

35 S In subsection (2)(a) of section 8A of the Legal Aid (Scotland) Act 1986, for the words “section 15A of the Criminal Procedure (Scotland) Act 1995 (right of suspects to have access to a solicitor)” there is substituted “ section 32 (right to have solicitor present) of the Criminal Justice (Scotland) Act 2016 ”.

36 S In section 6D of the Road Traffic Act 1988, for subsection (2A) there is substituted—

“(2A) Instead of, or before, arresting a person under this section, a constable may detain the person at or near the place where the preliminary test was, or would have been, administered with a view to imposing on the person there a requirement under section 7.”.

37 S In Schedule 8 to the Terrorism Act 2000—

(a) in paragraph 18—

(i) in sub-paragraph (2), for the words from “and” at the end of paragraph (a) to the end of the sub-paragraph there is substituted—

“(ab) intimation is to be made under paragraph 16(1) whether the person detained requests that it be made or not, and

(ac) section 40 (right of under 18s to have access to other person) of the Criminal Justice (Scotland) Act 2016 applies as if the detained person were a person in police custody for the purposes of that section.”,

(ii) after sub-paragraph (3) there is inserted—

“(4) For the purposes of sub-paragraph (2)—

• “child” means a person under 16 years of age,

• “parent” includes guardian and any person who has the care of the child mentioned in sub-paragraph (2).”,

(b) in paragraph 20(1), the words “or a person detained under section 14 of that Act” are repealed,

(c) in paragraph 27—

(i) in sub-paragraph (4), paragraph (a) is repealed,

(ii) sub-paragraph (5) is repealed.

Modifications etc. (not altering text)

C1 Sch. 2 para. 37: amendments made to 2000 c. 11, Sch. 8 extended to E.W.N.I. (17.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), arts. 2(1)(d), 18

Commencement Information

I1 Sch. 2 para. 37 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

38 S In the schedule to the Sexual Offences (Procedure and Evidence) (Scotland) Act 2002, paragraph 2 is repealed.

39 S In the Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010, sections 1, 3 and 4 are repealed.

40 S In the Children's Hearings (Scotland) Act 2011—

(a) in section 65—

(i) for subsection (1) there is substituted—

“(1) Subsection (2) applies where the Principal Reporter is informed under subsection (2) of section 53 of the Criminal Justice (Scotland) Act 2016 that a child is being kept in a place of safety under subsection (3) of that section.”,

(ii) in subsection (2), for the words “in the” there is substituted “ in a ”,

(b) in section 66(1), for sub-paragraph (vii) there is substituted—

“(vii) information under section 53 of the Criminal Justice (Scotland) Act 2016, or”,

(c) in section 68(4)(e)(vi), for the words “section 43(5) of the Criminal Procedure (Scotland) Act 1995 (c.46)” there is substituted “ section 53 of the Criminal Justice (Scotland) Act 2016 ”,

(d) in section 69, for subsection (3) there is substituted—

“(3) If—

(a) the determination under section 66(2) is made following the Principal Reporter receiving information under section 53 of the Criminal Justice (Scotland) Act 2016, and

(b) at the time the determination is made the child is being kept in a place of safety,

the children's hearing must be arranged to take place no later than the third day after the Principal Reporter receives the information mentioned in paragraph (a).”,

(e) in section 72(2)(b), for the words “in the” there is substituted “ in a ”.

41 S In section 20 of the Police and Fire Reform (Scotland) Act 2012, subsections (2) and (3) are repealed.