(1)The following provisions have effect to supplement section 137 (“the principal section”).
[F1(1A)Where a person is arrested under subsection (2) of the principal section, section 15 of the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”) (right of persons arrested or detained to have intimation sent to another person) applies with the following modifications—
(a)in subsections (1)(a) and (2), omit the reference to “other premises”;
(b)the right under subsection (1)(a) arises when the person is arrested;
(c)the reference in subsection (1)(a) to the place where the person is being held is to be read as a reference to the police station to which the person is to be taken;
(d)subsection (2) is to be read as requiring that the person be informed of the right under subsection (1)(a) on being arrested; and
(e)the rights and duties under subsection (4) arise when the person is arrested.
(1B)Where a person is arrested under subsection (2) of the principal section but not charged in connection with an offence, subsections (2) to (9) of section 15A of the 1995 Act (right of suspects to have access to a solicitor) apply with the following modifications—
(a)omit the references to “other premises or place” in subsections (2) and (6);
(b)the right under subsection (2) arises when the person is arrested;
(c)the reference in subsection (2)(b) to the police station where the person is being detained is to be read as a reference to the police station to which the person is to be taken; and
(d)subsection (6) is to be read as requiring that the person be informed of the rights under section 15A(2) and (3) on being arrested.]
[F2(2)Where a person is detained under subsection (2) of the principal section, the provisions of the 1995 Act listed in subsection (2A) below apply as they apply to detention under section 14(1) of that Act, but with the modifications mentioned in subsections (6) to (9) below.
(2A)Those provisions are—
(a)section 14(2) to (10) (detention and questioning at police station);
(b)sections 14A and 14B (extension of period of detention under section 14);
(c)section 15(1), (2) and (4) to (6) (right of persons arrested or detained to have intimation sent to another person);
(d)section 15A(2) to (9) (right of suspects to have access to a solicitor);
(e)section 18 (prints, samples etc. in criminal investigations).]
(3)The reasons referred to in [F3subsection (6)(b)] of the principal section are that—
(a)the name of the suspected person is unknown to, and cannot readily be ascertained by, the constable;
(b)the constable has reasonable grounds for doubting whether a name furnished by the suspected person as his name is his real name;
(c)either—
(i)the suspected person has failed to furnish a satisfactory address for service; or
(ii)the constable has reasonable grounds for doubting whether an address furnished by the suspected person is a satisfactory address for service;
(d)the constable has reasonable grounds for believing that arrest is necessary to prevent the suspected person—
(i)causing physical injury to himself or any other person;
(ii)suffering physical injury;
(iii)causing loss of or damage to property;
(iv)committing an offence against public decency; or
(v)causing an unlawful obstruction of a highway or road; or
(e)the constable has reasonable grounds for believing that arrest is necessary to protect a child or other vulnerable person from the suspected person.
(4)For the purposes of subsection (3) above an address is a satisfactory address for service if it appears to the constable—
(a)that the suspected person will be at it for a sufficiently long period for it to be possible to serve him with process; or
(b)that some other person specified by the suspected person will accept service of process for the suspected person at it.
(5)Nothing in subsection (3)(d) above authorises the arrest of a person under sub-paragraph (iv) of that paragraph except where members of the public going about their normal business cannot reasonably be expected to avoid the person to be arrested.
[F4(6)The modifications of the 1995 Act referred to in subsection (2) above are as follows.
(7)In section 14—
(a)the reference in subsection (2) to detention being terminated not more than 12 hours after it begins is to be read as a reference to its being terminated not more than 12 hours after the person’s arrival at the police station to which the person is taken under subsection (7)(c) or (e) of the principal section;
(b)in subsections (6) and (9), omit the references to “other premises”.
(8)In section 15—
(a)in subsection (1)(b), omit the references to “other premises or place”;
(b)in subsection (2), omit the reference to “other premises”;
(c)where the police station to which the person is to be taken is in Scotland—
(i)the right under subsection (1)(b) arises when the person is detained;
(ii)the reference in subsection (1)(b) to the police station where the person is being detained is to be read as a reference to the police station to which the person is to be taken;
(iii)subsection (2) is to be read as requiring that the person be informed of the right under subsection (1)(b) on being detained; and
(iv)the rights and duties under subsection (4) arise when the person is detained.
(9)In section 15A—
(a)omit the references to “other premises or place” in subsections (2) and (6);
(b)where the police station to which the person is to be taken is in Scotland—
(i)the right under subsection (2) arises when the person is detained;
(ii)the reference in subsection (2)(b) to the police station where the person is being detained is to be read as a reference to the police station to which the person is to be taken; and
(iii)subsection (6) is to be read as requiring that the person be informed of the rights under section 15A(2) and (3) on being detained.]
Textual Amendments
F1S. 138(1A)(1B) inserted (15.7.2011) by The Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010 (Consequential Provisions) Order 2011 (S.I. 2011/1739), art. 1(2), Sch. 2 para. 2(2) (with art. 6(2))
F2S. 138(2)(2A) substituted for s. 138(2) (15.7.2011) by The Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010 (Consequential Provisions) Order 2011 (S.I. 2011/1739), art. 1(2), Sch. 2 para. 2(3) (with art. 6(2))
F3Words in s. 138(3) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 178, Sch. 7 para. 47(3); S.I. 2005/3495, art. 2(1)(m) (subject to art. 2)
F4S. 138(6)-(9) substituted for s. 138(6) (15.7.2011) by The Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010 (Consequential Provisions) Order 2011 (S.I. 2011/1739), art. 1(2), Sch. 2 para. 2(4) (with art. 6(2))
Modifications etc. (not altering text)
C1S. 138 applied (with modifications) (19.7.2007) by Finance Act 2007 (c. 11), s. 87(2)-(5)