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The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018

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Customs custody
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13.—(1) For the purposes of provisions of the 2016 Act as applied by this Part of this Schedule, a person is in customs custody from the time the person is arrested by a designated customs official, or is transferred in accordance with the law into the custody of a designated customs official, until any one of the events mentioned in sub-paragraph (2) occurs.

(2) The events are—

(a)the person is released from custody;

(b)the person is brought before a court in accordance with section 21(2) of the 2016 Act;

(c)the person is brought before a court in accordance with section 28(2) or (3) of the Criminal Procedure (Scotland) Act 1995;

(d)the person is brought before a court in accordance with—

(i)any other enactment or rule of law which requires that a person in custody be brought before a court; or

(ii)a term of the warrant under which the person was arrested;

(e)the person is transferred in accordance with the law into the custody of a person who is not a designated customs official;

(f)the Principal Reporter directs under section 65(2)(b) of the Children’s Hearings (Scotland) Act 2011 that the person continue to be kept in a place of safety.

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