[F1Without prejudice to section 295 of the Criminal Procedure (Scotland) Act 1995 (c. 46) (legal custody of persons generally), a prisoner is ] in legal custody—
(a)while he is confined in or being taken to or from any prison in which he may be lawfully confined; or
(b)while he is working or is, for any other reason, outside the prison in the custody or under the control of an officer of the prison [F2 , a constable (“constable” having the same meaning as it has, by virtue of paragraph 17(1) and (2) of Schedule 1 to the Crime (Sentences) Act 1997 (c. 43), in section 40(1) of this Act) or a police custody and security officer] ; or
(c)while he is being taken to any place to which he is required or authorised by or under this Act to be taken; or
(d)while he is kept in custody in pursuance of such requirement or authorisation.
Textual Amendments
F1Words in s. 13 substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 24(1)(a), 89(2); S.S.I. 2003/288, art. 2, Sch.
F2Words in s. 13(b) added (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 24(1)(b), 89(2); S.S.I. 2003/288, art. 2, Sch.
Modifications etc. (not altering text)
C1S. 13(b) modified (3.2.1995) by 1994 c. 33, s. 110(4); S.I. 1995/127, art. 2(1), Sch. 1
S. 13(b) modified (3.2.1995) by 1994 c. 33, s. 112(3)(4)(b)(6); S.I. 1995/127, art. 2(1), Sch. 1