PART 1Police reform
CHAPTER 15Offences
91Escape from custody
1
It is an offence for a person—
a
to remove a person from custody, or
b
to assist the escape of a person in custody.
2
The reference in subsection (1) to a person in custody is to be construed as a reference to a person—
a
who is in the lawful custody of a person (“A”) acting in a capacity mentioned in subsection (3) or a person assisting A while A is acting in such capacity, or
b
who is in the act of eluding or escaping from such custody, whether or not the person has actually been arrested.
3
The capacities are—
a
that of a constable,
b
that of a police custody and security officer,
c
that of a member of a relevant police force when such member is executing a warrant or is otherwise acting in Scotland by virtue of any enactment conferring powers on the member in Scotland,
d
that of a person who—
i
is a member of an international joint investigation team that is led by a person acting in a capacity mentioned in paragraph (a) or (c), and
ii
is carrying out functions as a member of that team.
4
A person who is guilty of an offence under subsection (1) is liable on summary conviction to imprisonment for a period not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both.