The Criminal Justice (Scotland) Act 2016 (Commencement No. 5, Transitional and Saving Provisions) Order 2017

Interpretation

2.—(1) In this Order—

“constable” means—

(a)

a constable within the meaning given by section 62 of the 2016 Act; and

(b)

a member of the staff of the Police Investigations and Review Commissioner designated under paragraph 7B of schedule 4 of the Police, Public Order and Criminal Justice (Scotland) Act 2006(1)—

(i)

to take charge of any investigation on behalf of the Commissioner; or

(ii)

to assist a member of the Commissioner’s staff designated to take charge of such an investigation.

“detained” means detained under section 14 of the 1995 Act, and “detention” is to be construed accordingly;

“the 1995 Act” means the Criminal Procedure (Scotland) Act 1995(2);

“the 2016 Act” means the Criminal Justice (Scotland) Act 2016;

“the appointed day” means the day appointed by article 3.

(2) For the purposes of this Order, a person is in police custody from the time the person is arrested or detained by a constable until any one of the events mentioned in paragraph (3) occurs.

(3) The events are—

(a) the person is released from custody;

(b) the person is brought before a court in accordance with any enactment or rule of law or the terms of any warrant;

(c) the Principal Reporter makes a direction under section 65(2)(b) of the Children’s Hearings (Scotland) Act 2011(3) that the person continue to be kept in a place of safety.

(1)

2006 asp 10. Paragraph 7B of schedule 4 was inserted by the Police and Fire Reform (Scotland) Act 2012 asp 8 schedule 7(1) paragraph 33(17)(c).

(2)

1995 c.46. Section 14 was amended by the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10) section 81(6) and the Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010 (asp 15) (“the 2010 Act”) sections 1(2) and 3(1).

(3)

2011 asp 1. Section 65(2) is amended by schedule 2 paragraph 40(a)(ii) of the 2016 Act.