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))

C10C4C2C7C5C6C3C8C1C9CHAPTER 5RIGHTS OF SUSPECTS IN POLICE CUSTODY

Annotations:
Modifications etc. (not altering text)
C10

Pt. 1 Ch. 5 applied (with modifications) by 1994 c. 33, s. 137D(3)(b) 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))

Intimation and access to another person

I138Right to have intimation sent to other person

1

A person in police custody has the right to have intimation sent to another person of—

a

the fact that the person is in custody,

b

the place where the person is in custody.

2

Intimation under subsection (1) must be sent—

a

where a constable believes that the person in custody is under 16 years of age, regardless of whether the person requests that it be sent,

b

in any other case, if the person requests that it be sent.

3

The person to whom intimation is to be sent under subsection (1) is—

a

where a constable believes that the person in custody is under 16 years of age, a parent of the person,

b

in any other case, an adult reasonably named by the person in custody.

4

Intimation under subsection (1) must be sent—

a

as soon as reasonably practicable, or

b

if subsection (5) applies, with no more delay than is necessary.

5

This subsection applies where an appropriate constable considers some delay to be necessary in the interests of—

a

the investigation or prevention of crime,

b

the apprehension of offenders, or

c

safeguarding and promoting the wellbeing of the person in custody, where a constable believes that person to be under 18 years of age.

6

In subsection (5), “an appropriate constable” means a constable who—

a

is of the rank of sergeant or above, and

b

has not been involved in the investigation in connection with which the person is in custody.

7

The sending of intimation may be delayed by virtue of subsection (5)(c) only for so long as is necessary to ascertain whether a local authority will arrange for someone to visit the person in custody under section 41(2).

8

In this section and section 39—

  • “adult” means person who is at least 18 years of age,

  • “parent” includes guardian and any person who has the care of the person in custody.