Version Superseded: 31/07/2014
Point in time view as at 01/01/2014.
Terrorism Act 2000, Paragraph 16 is up to date with all changes known to be in force on or before 10 March 2025. 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.
16(1)A person detained under Schedule 7 or section 41 at a police station in Scotland shall be entitled to have intimation of his detention and of the place where he is being detained sent without delay to a solicitor and to another person named by him.U.K.
(2)The person named must be—
(a)a friend of the detained person,
(b)a relative, or
(c)a person who is known to the detained person or who is likely to take an interest in his welfare.
(3)Where a detained person is transferred from one police station to another, he shall be entitled to exercise the right under sub-paragraph (1) in respect of the police station to which he is transferred.
(4)A police officer not below the rank of superintendent may authorise a delay in making intimation where, in his view, the delay is necessary on one of the grounds mentioned in paragraph 17(3) or where paragraph 17(4) applies.
(5)Where a detained person requests that the intimation be made, there shall be recorded the time when the request is—
(a)made, and
(b)complied with.
(6)A person detained shall be entitled to consult a solicitor at any time, without delay.
(7)A police officer not below the rank of superintendent may authorise a delay in holding the consultation where, in his view, the delay is necessary on one of the grounds mentioned in paragraph 17(3) or where paragraph 17(4) applies.
(8)Subject to paragraph 17, the consultation shall be private.
(9)Where a person is detained under section 41 he must be permitted to exercise his rights under this paragraph before the end of the period mentioned in subsection (3) of that section.
Modifications etc. (not altering text)
C1Sch. 8 paras. 1(6), 2, 6-9, 16-19 applied (with modifications) (11.3.2005) by Prevention of Terrorism Act 2005 (c. 2), s. 5(8)
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