PART 1SARREST AND CUSTODY

Modifications etc. (not altering text)

C2Pt. 1 applied (with modifications) by 1994 c. 33, s. 137ZA (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 1 para. 4 (with art. 5(2)))

C3Pt. 1 applied (with modifications) by 2004 c. 20, s. 56A (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 2 para. 3 (with art. 6))

C4Pt. 1 applied (with modifications) by 1987 c. 4, s. 2D (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 2 para. 1 (with art. 6))

CHAPTER 3SCUSTODY: PERSON OFFICIALLY ACCUSED

Modifications etc. (not altering text)

Person to be brought before courtS

20Information to be given if sexual offenceS

(1)Subsection (2) applies when—

(a)a person is in police custody having been arrested under a warrant in respect of a sexual offence to which section 288C of the 1995 Act applies, or

(b)a person—

(i)is in police custody having been arrested without a warrant, and

(ii)since being arrested, the person has been charged by a constable with a sexual offence to which section 288C of the 1995 Act applies.

(2)The person must be informed as soon as reasonably practicable—

(a)that the person's case at, or for the purposes of, any relevant hearing (within the meaning of section 288C(1A) of the 1995 Act) in the course of the proceedings may be conducted only by a lawyer,

(b)that it is, therefore, in the person's interests to get the professional assistance of a solicitor, and

(c)that if the person does not engage a solicitor for the purposes of the conduct of the person's case at or for the purposes of the hearing, the court will do so.

Commencement Information