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

Arrest of persons unlawfully at large

9.—(1) The following provisions of Part 1 of the 2016 Act apply where a person is arrested by a constable under section 318(1) of the Armed Forces Act 2006 (person sentenced to service detention and unlawfully at large).

(2) Section 3 (information to be given on arrest) applies with the following modifications—

(a) omit paragraph (b);

(b) in paragraph (d) omit “other than to give the information specified in section 34(4),”;

(c) after paragraph (d) add—

“(da) of the person’s right to have intimation sent under section 38;”;

(d) omit paragraph (e)(ii).

(3) Section 5(2) (information to be given as soon as reasonably practicable) applies when the person is in police custody, with the following modifications—

(a) in paragraph (a) omit “other than to give the information specified in section 34(4),”;

(b) omit paragraph (b)(i) and (iv).

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

(a) subsection (1) applies;

(b) subsection (2) applies, omitting paragraphs (a), (b)(ii) and (c).

(5) 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).

(6) Section 39 (right to have intimation sent: under 18s) applies with the following modifications—

(a) omit subsections (2), (3) and (4)(b);

(b) in subsection (6), in paragraph (a) omit from “and agrees to attend” to the end, and at the end of paragraph (b) add—

“, or

(c) the person is transferred to the place in which the person is required in accordance with law to be detained.”;

(c) in subsection (7) omit paragraph (a) except for the purposes of section 41(7).

(7) Section 41 (social work involvement in relation to under 18s) applies with the following modifications—

(a) in subsection (4) omit “and 40”;

(b) in subsection (7) for “to 40” substitute “and 39”.

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

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

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

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

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

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

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