C4C2C5C3C9PART 1ARREST AND CUSTODY

Annotations:
Modifications etc. (not altering text)
C4

Pt. 1 applied (with modifications) by 2003 c. 20, s. 31A (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. 2 (with art. 6))

C2

Pt. 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)))

C5

Pt. 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))

C3

Pt. 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))

C4C2C7C5C6C3C8C1C9CHAPTER 4POLICE INTERVIEW

Annotations:
Modifications etc. (not altering text)

Rights of suspects

I133Consent to interview without solicitor

1

Subsections (2) and (3) apply for the purpose of section 32(3)(a).

2

A person may not consent to being interviewed without having a solicitor present if—

a

the person is under 16 years of age

b

the person is 16 or 17 years of age and subject to a compulsory supervision order, or an interim compulsory supervision order, made under the Children's Hearings (Scotland) Act 2011, or

c

the person is 16 years of age or over and, owing to mental disorder, appears to a constable to be unable to—

i

understand sufficiently what is happening, or

ii

communicate effectively with the police.

3

A person to whom this subsection applies (referred to in subsection (5) as “person A”) may consent to being interviewed without having a solicitor present only with the agreement of a relevant person.

4

Subsection (3) applies to a person who is—

a

16 or 17 years of age, and

b

not precluded by subsection (2)(b) or (c) from consenting to being interviewed without having a solicitor present.

5

For the purpose of subsection (3), “a relevant person” means—

a

if person A is in police custody, any person who is entitled to access to person A by virtue of section 40(2),

b

if person A is not in police custody, a person who is—

i

at least 18 years of age, and

ii

reasonably named by person A.

6

In subsection (2)(c)—

a

“mental disorder” has the meaning given by section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003,

b

the reference to the police is to any—

i

constable, or

ii

person appointed as a member of police staff under section 26(1) of the Police and Fire Reform (Scotland) Act 2012.