SCHEDULES

C3C1SCHEDULE 8 Detention

Annotations:
Modifications etc. (not altering text)
C1

Sch. 8 applied (with modifications) (25.7.2006) by Terrorism Act 2006 (c. 11), s. 25(1)(3)(4); S.I. 2006/1936, art. 2

Part I Treatment of persons detained under section 41 F5or 43B or Schedule 7

Annotations:
Amendments (Textual)
F5

Words in Sch. 8 Pt. 1 heading inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 184(2)(b), 208(5)(w)

Rights: Scotland

C218

1

Paragraphs 16 F2to 17 shall have effect, in relation to a person detained under section 41 F8or 43B or Schedule 7, in place of any enactment or rule of law under or by virtue of which a person arrested or detained may be entitled to communicate or consult with any other person.

2

But, where a person detained under Schedule 7 or section 41 F7or 43B at a F9place in Scotland appears to a constable to be a child—

a

the other person named by the person detained in pursuance of paragraph 16(1) shall be that person’s parent,

F6ab

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.

F33

In relation to a person detained under Schedule 7 at a place other than a police station—

a

sub-paragraph (2), and

b

F1section 40 of the Criminal Justice (Scotland) Act 2016 as applied by that sub-paragraph,

apply as if references to a constable included an examining officer.

F44

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).