Criminal Justice (Scotland) Act 2016, Section 64 is up to date with all changes known to be in force on or before 30 April 2025. 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.
(1)For the purposes of this Part, a person is in police custody from the time the person is arrested by a constable until any one of the events mentioned in subsection (2) occurs.
(2)The events are—
(a)the person is released from custody,
(b)the person is brought before a court in accordance with section 21(2),
(c)the person is brought before a court under section 28(2) or (3) of the 1995 Act,
[F1(ca)the person is brought before a court in accordance with—
(i)any other enactment or rule of law which requires that a person in custody be brought before a court, or
(ii)a term of the warrant under which the person was arrested,
(cb)the person is transferred in accordance with the law into the custody of a person who is neither—
(i)a constable, nor
(ii)a member of police staff appointed under section 26(1) of the Police and Fire Reform (Scotland) Act 2012,]
(d)the Principal Reporter makes a direction under section 65(2)(b) of the Children's Hearings (Scotland) Act 2011 that the person continue to be kept in a place of safety.
[F2(3)A person who is at a police station in the custody of a prisoner custody officer is not to be regarded as having been transferred into the custody of that officer for the purposes of subsection (2)(cb).
(4)In subsection (3), “prisoner custody officer” has the meaning given in section 114(1) of the Criminal Justice and Public Order Act 1994.]
Textual Amendments
F1S. 64(2)(ca)(cb) 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(8)
F2S. 64(3)(4) inserted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 40(6), 59(1)
Modifications etc. (not altering text)
C1S. 64 applied (with modifications) (25.1.2018) by The Police Investigations and Review Commissioner (Application and Modification of the Criminal Justice (Scotland) Act 2016) Order 2017 (S.S.I. 2017/465), arts. 1-4
Commencement Information
I1S. 64 in force at 17.1.2017 by S.S.I. 2016/426, art. 2, sch.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.
