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Criminal Justice (Scotland) Act 2016
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Criminal Justice (Scotland) Act 2016, Section 3 is up to date with all changes known to be in force on or before 21 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act expiry of affecting provision 2022 asp 8, sch. para. 15 by S.S.I. 2023/360 reg. 2(a)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 38(7)(a) words renumbered as s. 38(7)(a) by 2024 asp 5 s. 15(6)(a)
- s. 38(7)(b) and word inserted by 2024 asp 5 s. 15(6)(b)
- s. 41(1A) inserted by 2024 asp 5 s. 15(7)(b)
3Information to be given on arrestS
This section has no associated Explanatory Notes
When a constable arrests a person (or as soon afterwards as is reasonably practicable), a constable must inform the person—
(a)that the person is under arrest,
(b)of the general nature of the offence in respect of which the person is arrested [F1(if any)],
(c)of the reason for the arrest,
(d)that the person is under no obligation to say anything, other than to give the information specified in section 34(4), and
(e)of the person's right to have—
(i)intimation sent to a solicitor under section 43, and
(ii)access to a solicitor under section 44.
Textual Amendments
F1Words in s. 3(b) inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Modification of Part 1 and Ancillary Provision) Regulations 2017 (S.S.I. 2017/453), regs. 1, 2(2)
Modifications etc. (not altering text)
C1S. 3 applied (with modifications) by 1994 c. 33, s. 137D(3)(a), Sch. 7B Pt. 2 (as inserted (31.1.2017 for specified purposes, 1.3.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 116(1)(3), 183(1)(5)(e), Sch. 16; S.I. 2018/227, art. 2(f))
Commencement Information
I1S. 3 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)
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