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 1ARREST BY POLICE

Annotations:

Procedure following arrest

I15Information to be given at police station

1

Subsections (2) and (3) apply when—

a

a person is in police custody having been arrested at a police station, or

b

a person is in police custody and has been taken to a police station in accordance with section 4.

2

The person must be informed as soon as reasonably practicable—

a

that the person is under no obligation to say anything, other than to give the information specified in section 34(4),

b

of any right the person has to have intimation sent and to have access to certain persons under—

i

section 38,

ii

section 40,

iii

section 43,

iv

section 44.

3

The person must be provided as soon as reasonably practicable with such information (verbally or in writing) as is necessary to satisfy the F1requirements placed on member States by Articles 3 and 4 of Directive 2012/13/EU of the European Parliament and of the Council on the right to information in criminal proceedings.