Modifications etc. (not altering text)
C1Schs. 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))
C2Sch. 8 applied (with modifications) (25.7.2006) by Terrorism Act 2006 (c. 11), s. 25(1)(3)(4); S.I. 2006/1936, art. 2
Textual Amendments
F1Words 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)
18(1)Paragraphs 16 [F2to] 17 shall have effect, in relation to a person detained under section 41 [F3or 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.U.K.
(2)But, where a person detained under Schedule 7 or section 41 [F4or 43B] at a [F5place] 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,
[F6(ab)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.]
[F7(3)In relation to a person detained under Schedule 7 at a place other than a police station—
(a)sub-paragraph (2), and
(b)[F8section 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.]
[F9(4)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).]
Textual Amendments
F2Word in Sch. 8 para. 18(1) substituted (31.7.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 9 para. 5(12)(a) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/1916, art. 3(b)
F3Words in Sch. 8 para. 18(1) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 184(2)(j), 208(5)(w)
F4Words in Sch. 8 para. 18(2) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 184(2)(j), 208(5)(w)
F5Word in Sch. 8 para. 18(2) substituted (31.7.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 9 para. 5(12)(b) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/1916, art. 3(b)
F6Sch. 8 para. 18(2)(ab)(ac) substituted for words in Sch. 8 para. 18(2) (25.1.2018) by Criminal Justice (Scotland) Act 2016 (asp 1), s. 117(2), sch. 2 para. 37(a)(i); S.S.I. 2017/345, art. 3, sch. (with art. 4) (which affecting provision is extended to E.W.N.I. by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), arts. 2(1)(d), 18)
F7Sch. 8 para. 18(3) inserted (31.7.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 9 para. 5(12)(c) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/1916, art. 3(b)
F8Words in Sch. 8 para. 18(3)(b) substituted (S.) (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential and Supplementary Modifications) Regulations 2017 (S.S.I. 2017/452), reg. 1, sch. para. 13 (with reg. 2(2))
F9Sch. 8 para. 18(4) inserted (25.1.2018) by Criminal Justice (Scotland) Act 2016 (asp 1), s. 117(2), sch. 2 para. 37(a)(ii); S.S.I. 2017/345, art. 3, sch. (with art. 4) (which affecting provision is extended to E.W.N.I. by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), arts. 2(1)(d), 18)
Modifications etc. (not altering text)
C3Sch. 8 paras. 1(6), 2, 6-9, 16-19 applied (with modifications) (11.3.2005) by Prevention of Terrorism Act 2005 (c. 2), s. 5(8)