Criminal Justice (Scotland) Act 2016
Criminal Justice (Scotland) Act 2016 (2016 asp 1)
- Criminal Justice (Scotland) Act 2016 (2016 asp 1)
- PART 1 ARREST AND CUSTODY
- CHAPTER 1 ARREST BY POLICE
- Arrest without warrant
- 1 Power of a constable
- 2 Exercise of the power
- Procedure following arrest
- 3 Information to be given on arrest
- 4 Arrested person to be taken to police station
- 5 Information to be given at police station
- 6 Information to be recorded by police
- CHAPTER 2 CUSTODY: PERSON NOT OFFICIALLY ACCUSED
- Keeping person in custody
- 7 Authorisation for keeping in custody
- 8 Information to be given on authorisation
- 9 12 hour limit: general rule
- 10 12 hour limit: previous period
- 11 Authorisation for keeping in custody beyond 12 hour limit
- 12 Information to be given on authorisation under section 11
- 13 Custody review
- 14 Test for sections 7, 11 and 13
- 15 Medical treatment
- Investigative liberation
- 16 Release on conditions
- 17 Conditions ceasing to apply
- 18 Modification or removal of conditions
- 19 Review of conditions
- CHAPTER 3 CUSTODY: PERSON OFFICIALLY ACCUSED
- Person to be brought before court
- 20 Information to be given in particular cases
- 21 Person to be brought before court
- 22 Under 18s to be kept in place of safety prior to court
- 23 Notice to parent that under 18 to be brought before court
- 24 Notice to local authority that under 18 to be brought before court
- Police liberation
- 25 Liberation by police
- 26 Release on undertaking
- 27 Modification of undertaking
- 28 Rescission of undertaking
- 29 Expiry of undertaking
- 29A Expiry of undertaking: coronavirus-related reason for non-appearance
- 30 Review of undertaking
- CHAPTER 4 POLICE INTERVIEW
- Rights of suspects
- 31 Information to be given before interview
- 32 Right to have solicitor present
- 33 Consent to interview without solicitor
- Person not officially accused
- 34 Questioning following arrest
- Person officially accused
- 35 Authorisation for questioning
- 36 Authorisation: further provision
- 37 Arrest to facilitate questioning
- CHAPTER 5 RIGHTS OF SUSPECTS IN POLICE CUSTODY
- Intimation and access to another person
- 38 Right to have intimation sent to other person
- 39 Right to have intimation sent: under 18s
- 40 Right of under 18s to have access to other person
- 41 Social work involvement in relation to under 18s
- Vulnerable persons
- 42 Support for vulnerable persons
- Intimation and access to a solicitor
- 43 Right to have intimation sent to solicitor
- 44 Right to consultation with solicitor
- CHAPTER 6 POLICE POWERS AND DUTIES
- Powers of police
- 45 Use of reasonable force
- 46 Common law power of entry
- 47 Common law power of search etc.
- 48 Power of search etc. on arrest
- 49 Taking drunk persons to designated place
- Duties of police
- 50 Duty not to detain unnecessarily
- 51 Duty to consider child's wellbeing
- 52 Duties in relation to children in custody
- 53 Duty to inform Principal Reporter if child not being prosecuted
- CHAPTER 7 GENERAL
- Common law and enactments
- 54 Abolition of pre-enactment powers of arrest
- 55 Abolition of requirement for constable to charge
- 56 Consequential modification
- Code of practice about investigative functions
- 57 Code of practice about investigative functions
- Modifications to Part as it applies in certain cases
- 57A Arrest without warrant otherwise than in respect of an offence
- 57B Arrest under warrant other than an initiating warrant
- 57C Modifications applying by virtue of sections 57A and 57B
- 57D Arrest under an extradition arrest power
- Disapplication of Part
- 58 Disapplication in relation to service offences
- 59 Disapplication in relation to cases involving terrorism
- Powers to modify Part
- 60 Further provision about application of Part
- 61 Further provision about vulnerable persons
- Interpretation of Part
- 62 Meaning of constable
- 63 Meaning of officially accused
- 64 Meaning of police custody
- PART 2 SEARCH BY POLICE
- CHAPTER 1 SEARCH OF PERSON NOT IN POLICE CUSTODY
- Lawfulness of search by constable
- 65 Limitation on what enables search
- 66 Cases involving removal of person
- 67 Public safety at premises or events
- 68 Duty to consider child's wellbeing
- Miscellaneous and definitions
- 69 Publication of information by police
- 70 Provisions about possession of alcohol
- 71 Matters as to effect of sections 65, 66 and 70
- 72 Meaning of constable etc.
- CHAPTER 2 CODE OF PRACTICE
- Making and status of code
- 73 Contents of code of practice
- 74 Review of code of practice
- 75 Legal status of code of practice
- Procedure applying to code
- 76 Consultation on code of practice
- 77 Bringing code of practice into effect
- PART 3 SOLEMN PROCEDURE
- 78 Proceedings on petition
- 79 Pre-trial time limits
- 80 Duty of parties to communicate
- 81 First diets
- 82 Preliminary hearings
- 83 Plea of guilty
- PART 4 SENTENCING
- Maximum term for weapons offences
- 84 Maximum term for weapons offences
- Prisoners on early release
- 85 Sentencing under the 1995 Act
- 86 Sentencing under the 1993 Act
- PART 5 APPEALS AND SCCRC
- Appeals
- 87 Preliminary pleas in summary cases
- 88 Preliminary diets in solemn cases
- 89 Extending certain time limits: summary
- 90 Extending certain time limits: solemn
- 91 Certain lateness not excusable
- 92 Advocation in solemn proceedings
- 93 Advocation in summary proceedings
- 94 Finality of appeal proceedings
- 95 Courts reform: spent provisions
- SCCRC
- 96 References by SCCRC
- PART 6 MISCELLANEOUS
- CHAPTER 1 PUBLICATION OF PROSECUTORIAL TEST
- 97 Publication of prosecutorial test
- CHAPTER 2 SUPPORT FOR VULNERABLE PERSONS
- 98 Meaning of appropriate adult support
- 99 Responsibility for ensuring availability of appropriate adults
- 100 Assessment of quality of appropriate adult support
- 101 Training for appropriate adults
- 102 Recommendations from quality assessor and training provider
- 103 Duty to ensure quality assessment takes place
- 104 Elaboration of regulation-making powers under this Chapter
- 105 Procedure for making regulations under this Chapter
- 106 Other powers of Ministers unaffected
- CHAPTER 3 NOTIFICATION IF PARENT OF UNDER 18 IMPRISONED
- 107 Child's named person to be notified
- 108 Definition of certain expressions
- CHAPTER 4 STATEMENTS AND PROCEDURE
- Statements by accused
- 109 Statements by accused
- Use of technology
- 110 Live television links
- 111 Electronic proceedings
- CHAPTER 5 AUTHORISATION UNDER PART III OF THE POLICE ACT 1997
- 112 Authorisation of persons other than constables
- CHAPTER 6 POLICE NEGOTIATING BOARD FOR SCOTLAND
- 113 Establishment and functions
- 114 Consequential and transitional
- PART 7 FINAL PROVISIONS
- Ancillary and definition
- 115 Ancillary regulations
- 116 Meaning of “the 1995 Act”
- Commencement and short title
- 117 Commencement
- 118 Short title
- SCHEDULE 1 BREACH OF LIBERATION CONDITION
- Offence of breaching condition
- Sentencing for the offence
- Breach by committing offence
- Matters for paragraph 3(2)(b)
- Matters for paragraph 3(2)(c)
- Evidential presumptions
- Interpretation
- SCHEDULE 2 MODIFICATIONS IN CONNECTION WITH PART 1
- PART 1 PROVISIONS AS TO ARREST
- Criminal Procedure (Scotland) Act 1995
- Miscellaneous enactments
- PART 2 FURTHER MODIFICATIONS
- The 1995 Act
- Other enactments
- SCHEDULE 3 POLICE NEGOTIATING BOARD FOR SCOTLAND
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