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Version Superseded: 01/12/2007
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Criminal Law (Consolidation) (Scotland) Act 1995, Section 25 is up to date with all changes known to be in force on or before 18 August 2024. 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.
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(1)Without prejudice to section 17 the M1Criminal Procedure (Scotland) Act 1995 (intimation to solicitor following arrest), a person who, not being a person in respect of whose detention subsection (2) below applies, is being detained under section 24 of this Act and has been taken to a customs office or other premises or place shall be entitled to have intimation of his detention and of the customs office or other premises or place sent to a solicitor and to one other person reasonably named by him without delay or, where some delay is necessary in the interest of the investigation or the prevention of crime or the apprehension of offenders, with no more delay than is so necessary; and the person shall be informed of such entitlement—
(a)on arrival at the customs office or other premises; or
(b)where he is not detained until after such arrival, on such detention.
(2)Without prejudice to the said section 17, an officer shall, where a person who is being detained as is mentioned in subsection (1) above appears to him to be a child, send without delay such intimation as is mentioned in that subsection to that person’s parent if known; and the parent—
(a)in a case where there is reasonable cause to suspect that he has been involved in the alleged offence in respect of which the person has been detained, may; and
(b)in any other case shall,
be permitted access to the person.
(3)The nature and extent of any access permitted under subsection (2), above shall be subject to any restriction essential for the furtherance of the investigation or the well-being of the person.
(4)In subsection (2) above—
(a)“child” means a person under 16 years of age; and
(b)“parent” includes a guardian and any person who has the care of a child.
Editorial Information
X1The insertion of the new heading "Detention and questioning of suspects and witnesses" in Pt. III on 1.12.2007 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.
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