Interpretation2.

(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 20062—
  1. (i)

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

  2. (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 19953;

“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 20114 that the person continue to be kept in a place of safety.