PART 1SARREST AND CUSTODY

Modifications etc. (not altering text)

C2Pt. 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)))

C3Pt. 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))

C4Pt. 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))

CHAPTER 7SGENERAL

Interpretation of PartS

64Meaning of police custodyS

(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.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I1S. 64 in force at 17.1.2017 by S.S.I. 2016/426, art. 2, sch.