The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018

Modification of Part 10 of the Criminal Justice and Public Order Act 1994

2.  In section 136 (execution of warrants)—

(a) before subsection (5) insert—

“(4B) Where, under subsection (2)(a) or (3)(b), a constable executes a warrant issued in Scotland, any enactment or rule of law which concerns—

(a) the powers and duties of a constable who executes such a warrant;

(b) the rights of a person arrested under such a warrant;

(c) the procedures to be followed after an arrest under such a warrant,

applies in relation to the arrest (subject to the modifications set out in section 137ZA) as though the warrant had been executed in Scotland and, if the constable who executed it is not a constable of a police force in Scotland, as though the constable were(1).”;

(b) in subsection (5), paragraph (b) is repealed.

(1)

A new subsection (4A) is to be inserted into section 136 (on a date to be appointed) by the Policing and Crime Act 2017 (c.3), Schedule 17, paragraph 7.