SCHEDULES
C3C1SCHEDULE 8 Detention
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
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
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).
Schs. 7, 8, 14 extended (with modifications) (coming into force in accordance with art. 1(2) of the extending S.I.) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 11(1)(b), Sch. 2 (as amended (31.3.2021) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021 (S.I. 2021/311), arts. 1(2), 2(7)(b)(ii)(iii))