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

Arrest of deserters and absentees without leave

3.—(1) The following provisions of Part 1 of the 2016 Act apply where—

(a) a person is arrested by a constable under section 314 of the Armed Forces Act 2006 (arrest by constable of deserters and absentees without leave); or

(b) a person is arrested by a constable under a warrant under subsection (2) of that section.

(2) Section 3 (information to be given on arrest) applies with the omission in paragraph (d) of “other than to give the information specified in section 34(4),”.

(3) Section 4 (arrested person to be taken to police station) applies, omitting subsection (3).

(4) Section 5 (information to be given at police station) applies with the omission in subsection (2)(a) of “other than to give the information specified in section 34(4),”.

(5) In section 6 (information to be recorded by police)—

(a) subsection (1) applies;

(b) subsection (2) applies, but omitting paragraph (c).

(6) Section 22 (under 18s to be kept in place of safety prior to court) applies with the following modifications—

(a) in subsection (1)(a) for the reference to section 21(2) of the 2016 Act substitute a reference to section 314(4) of the Armed Forces Act 2006;

(b) in subsection (1)(b) omit sub-paragraph (i);

(c) in subsection (2) omit the reference to release under section 25.

(7) Section 23 (notice to parent that under 18 to be brought before court) applies with the following modifications—

(a) in subsection (1) omit “or under 16 years of age”;

(b) in subsection (1)(a) for the reference to section 21(2) of the 2016 Act substitute a reference to section 314(4) of the Armed Forces Act 2006;

(c) omit subsection (1)(b);

(d) omit subsection (2)(d).

(8) Section 24 (notice to local authority that under 18 to be brought before court) applies with the following modifications—

(a) in subsection (1)(a) for the reference to section 21(2) of the 2016 Act substitute a reference to section 314(4) of the Armed Forces Act 2006;

(b) omit subsection (1)(b);

(c) omit subsection (2)(a);

(d) omit subsection (3)(c);

(e) in subsection (4)(a) omit “or (as the case may be) (b)”;

(f) omit subsection (4)(c).

(9) Section 38 (right to have intimation sent to other person) applies, omitting subsections (2)(a) and (3)(a) except for the purposes of section 41(7).

(10) Section 39 (right to have intimation sent: under 18s) applies, omitting subsection (7)(a) except for the purposes of section 41(7).

(11) Section 40 (right of under 18s to have access to other person) applies, omitting subsection (1) except for the purposes of section 41(7).

(12) Section 41 (social work involvement in relation to under 18s) applies.

(13) Section 42 (support for vulnerable persons) applies.

(14) Section 43 (right to have intimation sent to a solicitor) applies, omitting subsection (1)(d).

(15) Section 44 (right to consultation with solicitor) applies.

(16) Section 45 (use of reasonable force) applies.

(17) Section 46 (common law power of entry) applies.

(18) Section 50 (duty not to detain unnecessarily) applies.

(19) Section 51 (duty to consider child’s wellbeing) applies, omitting subsection (1)(a), (c) and (d).

(20) Section 52 (duties in relation to children in custody) applies.