SCHEDULE 8 Detention
Part I Treatment of persons detained under section 41 or Schedule 7
Rights: Scotland
18
(1)
Paragraphs 16 F1to 17 shall have effect, in relation to a person detained under section 41 or Schedule 7, in place of any enactment or rule of law under or by virtue of which a person arrested or detained may be entitled to communicate or consult with any other person.
(2)
But, where a person detained under Schedule 7 or section 41 at a F2place in Scotland appears to a constable to be a child—
(a)
the other person named by the person detained in pursuance of paragraph 16(1) shall be that person’s parent, and
(b)
section 15(4) of the M1Criminal Procedure (Scotland) Act 1995 shall apply to the person detained as it applies to a person who appears to a constable to be a child who is being detained as mentioned in paragraph (b) of section 15(1) of that Act,
and in this sub-paragraph “child” and “parent” have the same meaning as in section 15(4) of that Act.
F3(3)
In relation to a person detained under Schedule 7 at a place other than a police station—
(a)
sub-paragraph (2), and
(b)
section 15(4) of the Criminal Procedure (Scotland) Act 1995 as applied by that sub-paragraph,
apply as if references to a constable included an examining officer.