Criminal Law (Consolidation) (Scotland) Act 1995

X1 25 Right to have someone informed when detained. S

(1) Without prejudice to section 17 the M1 Criminal 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 [F1 an office of Revenue and Customs ][F2 (in a case falling within subsection (A1)(a)) or police station (in a case falling within subsection (A1)(b))] or other premises or place [F3 (in either of those cases)] shall be entitled to have intimation of his detention and of the [F4 office of Revenue and Customs ][F5 , police station ] or other premises or place sent to a F6 ... 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 [F4 office of Revenue and Customs ][F7 , police station] 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

X1 The 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.

Textual Amendments

F1 Words in s. 25(1) substituted (1.12.2007) by Finance Act 2007 (c. 11), s. 85, Sch. 23 paras. 5(a), 14; S.I. 2007/3166, art. 3

F2 Words in s. 25(1) inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 21 para. 46(a)(i) (with Sch. 21 paras. 40, 49(2)); S.I. 2013/1042, art. 4(l)

F3 Words in s. 25(1) inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 21 para. 46(a)(ii) (with Sch. 21 paras. 40, 49(2)); S.I. 2013/1042, art. 4(l)

F4 Words in s. 25(1) substituted (1.12.2007) by Finance Act 2007 (c. 11), s. 85, Sch. 23 paras. 5(b), 14; S.I. 2007/3166, art. 3

F5 Words in s. 25(1) inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 21 para. 46(a)(iii) (with Sch. 21 paras. 40, 49(2)); S.I. 2013/1042, art. 4(l)

F6 Words in s. 25(1) repealed (15.7.2011) by The Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010 (Consequential Provisions) Order 2011 (S.I. 2011/1739), art. 1(2), Sch. 1 para. 3 (with art. 2(3)(4))

F7 Words in s. 25(1)(a) inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 21 para. 46(b) (with Sch. 21 paras. 40, 49(2)); S.I. 2013/1042, art. 4(l)

Marginal Citations

M1 1995 c. 46.