- Latest available (Revised)
- Point in Time (31/01/2017)
- Original (As enacted)
Version Superseded: 25/01/2018
Point in time view as at 31/01/2017.
There are currently no known outstanding effects for the Crime and Courts Act 2013, SCHEDULE 21.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Section 55
1U.K.The Police Act 1997 is amended as follows.
Commencement Information
I1Sch. 21 para. 1 in force at 25.6.2013 by S.I. 2013/1042, art. 4(i)
2(1)Section 93 (authorisations to interfere with property etc) is amended in accordance with this paragraph.U.K.
(2)In subsection (1B), after “Customs” insert “ , an immigration officer ”.
(3)In subsection (3)—
(a)in paragraph (d), omit the final “or”;
(b)after paragraph (d) insert—
“(da)if the authorising officer is within subsection (5)(ha), by an immigration officer;”.
(4)In subsection (4)—
(a)in the words after paragraph (b), for “it” substitute “ the conduct ”;
(b)after “1979” insert “ or, where the authorising officer is within subsection (5)(ha), any of the offences is an immigration or nationality offence ”.
(5)In subsection (5)(h), omit “or”.
(6)After subsection (6B), insert—
“(6C)For the purposes of this section, an offence is an immigration or nationality offence if conduct constituting the offence—
(a)relates to the entitlement of one or more persons who are not nationals of the United Kingdom to enter, transit across, or be in, the United Kingdom (including conduct which relates to conditions or other controls on any such entitlement), or
(b)is undertaken for the purposes of, or otherwise in relation to, any of these enactments—
(i)the British Nationality Act 1981;
(ii)the Hong Kong Act 1985;
(iii)the Hong Kong (War Wives and Widows) Act 1996;
(iv)the British Nationality (Hong Kong) Act 1997;
(v)the British Overseas Territories Act 2002;
(vi)an instrument made under any of those Acts.”.
Commencement Information
I2Sch. 21 para. 2 in force at 25.6.2013 by S.I. 2013/1042, art. 4(i)
3U.K.In section 94 (authorisations given in absence of authorising officer), in subsection (2), after paragraph (f) insert—
“(fa)where the authorising officer is within paragraph (ha) of that subsection, by a senior official (within the meaning of the Regulation of Investigatory Powers Act 2000) in the department of the Secretary of State by whom functions relating to immigration are exercisable who is designated by the Secretary of State for the purposes of this section;”.
Commencement Information
I3Sch. 21 para. 3 in force at 25.6.2013 by S.I. 2013/1042, art. 4(i)
4U.K.In section 107 (supplementary provisions relating to Commissioners), in subsection (4), after paragraph (c) insert—
“(d)the functions of the Secretary of State relating to immigration.”.
Commencement Information
I4Sch. 21 para. 4 in force at 25.6.2013 by S.I. 2013/1042, art. 4(i)
5U.K.The Regulation of Investigatory Powers Act 2000 is amended as follows.
Commencement Information
I5Sch. 21 para. 5 in force at 25.6.2013 by S.I. 2013/1042, art. 4(i)
6U.K.In section 32(6) (authorisation of intrusive surveillance: senior authorising officers), in paragraph (m), omit the final “and”.
Commencement Information
I6Sch. 21 para. 6 in force at 25.6.2013 by S.I. 2013/1042, art. 4(i)
7(1)Section 33 (rules for grant of authorisations) is amended in accordance with this paragraph.U.K.
(2)After subsection (4) insert—
“(4ZA)A senior official who is a senior authorising officer by virtue of a designation by the Secretary of State under section 32(6)(ma) shall not grant an authorisation for the carrying out of intrusive surveillance except on an application made by an immigration officer.”.
(3)In subsection (5)(a), after “Customs” insert “ , an immigration officer ”.
Commencement Information
I7Sch. 21 para. 7 in force at 25.6.2013 by S.I. 2013/1042, art. 4(i)
8(1)Section 34 (grant of authorisations in the senior officer's absence) is amended in accordance with this paragraph.U.K.
(2)In subsection (1)(a), after “Customs” insert “ or an immigration officer ”.
(3)In subsection (2)(a), after “Customs” insert “ or the Secretary of State ”.
(4)In subsection (4), after paragraph (l) insert—
“(la)a person is entitled to act for a person who is a senior authorising officer by virtue of a designation under section 32(6)(ma), if the person is a senior official in the department of the Secretary of State by whom functions relating to immigration are exercisable who is designated for the purposes of this paragraph by the Secretary of State as a person entitled so to act in an urgent case;”.
Commencement Information
I8Sch. 21 para. 8 in force at 25.6.2013 by S.I. 2013/1042, art. 4(i)
9(1)Section 35 (notification of authorisations for intrusive surveillance) is amended in accordance with this paragraph.U.K.
(2)In subsection (1), after “Customs” insert “ , immigration ”.
(3)In subsection (10)—
(a)in the words before paragraphs (a) to (c), after “Customs” insert “ , immigration ”;
(b)in paragraph (b), for “by the Commissioners for Her Majesty's Revenue and Customs” substitute “ under section 32(6)(m) or (ma) ”.
Commencement Information
I9Sch. 21 para. 9 in force at 25.6.2013 by S.I. 2013/1042, art. 4(i)
10(1)Section 36 (approval required for authorisations to take effect) is amended in accordance with this paragraph.U.K.
(2)In subsection (1)—
(a)in paragraph (d) omit “or”;
(b)after paragraph (d) insert—
“(da)an immigration officer; or”.
(3)In subsection (6)—
(a)in paragraph (g) omit the final “and”;
(b)after paragraph (g) insert—
“(ga)where the authorisation was granted by a senior official designated under section 32(6)(ma) or entitled to act for such an official under section 34(4)(la), the senior official designated under section 32(6)(ma); and”.
Commencement Information
I10Sch. 21 para. 10 in force at 25.6.2013 by S.I. 2013/1042, art. 4(i)
11U.K.In section 37 (quashing of authorisations), in subsection (1)—
(a)in paragraph (d) omit “or”;
(b)after paragraph (d) insert—
“(da)an immigration officer; or”.
Commencement Information
I11Sch. 21 para. 11 in force at 25.6.2013 by S.I. 2013/1042, art. 4(i)
12U.K.In section 40 (information to be provided to Surveillance Commissioners), in subsection (1)—
(a)in paragraph (d) omit the final “and”;
(b)after paragraph (d) insert—
“(da)every immigration officer and every other official in the department of the Secretary of State by whom functions relating to immigration are exercisable, and”.
Commencement Information
I12Sch. 21 para. 12 in force at 25.6.2013 by S.I. 2013/1042, art. 4(i)
13U.K.In section 46 (restrictions on authorisations extending to Scotland), in subsection (3)—
(a)in paragraph (e) omit the final “and”;
(b)after paragraph (e) insert—
“(ea)the department of the Secretary of State by whom functions relating to immigration are exercisable; and”.
Commencement Information
I13Sch. 21 para. 13 in force at 25.6.2013 by S.I. 2013/1042, art. 4(i)
14U.K.The Proceeds of Crime Act 2002 is amended as follows.
Commencement Information
I14Sch. 21 para. 14 in force at 25.6.2013 for specified purposes by S.I. 2013/1042, art. 4(j)
I15Sch. 21 para. 14 in force at 22.11.2014 for specified purposes by S.I. 2014/3098, art. 2(d)
15U.K.In section 41A (restraint orders: power to retain seized property etc), in subsection (3), after paragraph (c) insert—
“(ca)an immigration officer;”.
Commencement Information
I16Sch. 21 para. 15 in force at 22.11.2014 by S.I. 2014/3098, art. 2(e)
16(1)Section 47C (power to seize property) is amended in accordance with this paragraph.U.K.
(2)Subsection (6) is amended as follows—
(a)after paragraph (a) insert—
“(aa)where applicable, in accordance with subsection (6A) or (6B).”;
(b)for “(b) is exercisable” substitute—
“(6A)The power conferred by this section is exercisable”.
(3)After subsection (6A) insert—
“(6B)The power conferred by this section is exercisable by an immigration officer only if the officer has reasonable grounds for suspecting that conduct constituting the relevant offence—
(a)relates to the entitlement of one or more persons who are not nationals of the United Kingdom to enter, transit across, or be in, the United Kingdom (including conduct which relates to conditions or other controls on any such entitlement), or
(b)is undertaken for the purposes of, or otherwise in relation to, a relevant nationality enactment.”.
(4)After subsection (7) insert—
“(8)Relevant nationality enactment” means any enactment in—
(a)the British Nationality Act 1981,
(b)the Hong Kong Act 1985,
(c)the Hong Kong (War Wives and Widows) Act 1996,
(d)the British Nationality (Hong Kong) Act 1997,
(e)the British Overseas Territories Act 2002, or
(f)an instrument made under any of those Acts.”.
Commencement Information
I17Sch. 21 para. 16 in force at 22.11.2014 by S.I. 2014/3098, art. 2(e)
17U.K.In section 47G (“appropriate approval”), in subsection (3), after paragraph (a) insert—
“(aa)in relation to the exercise of a power by an immigration officer, an immigration officer of a rank designated by the Secretary of State as equivalent to that of a senior police officer,”.
Commencement Information
I18Sch. 21 para. 17 in force at 22.11.2014 by S.I. 2014/3098, art. 2(e)
18U.K.In section 47M (further detention in other cases), in subsection (3), after paragraph (a) insert—
“(aa)an immigration officer;”.
Commencement Information
I19Sch. 21 para. 18 in force at 22.11.2014 by S.I. 2014/3098, art. 2(e)
19U.K.In section 72 (serious default), in subsection (9), after paragraph (e) insert—
“(ea)if the person in default was an immigration officer, the compensation is payable by the Secretary of State;”.
Commencement Information
I20Sch. 21 para. 19 in force at 25.6.2013 by S.I. 2013/1042, art. 4(k)
20U.K.In section 120A (restraint orders: power to retain seized property etc), in subsection (3), after paragraph (b) insert—
“(ba)an immigration officer;”.
Commencement Information
I21Sch. 21 para. 20 in force at 22.11.2014 by S.I. 2014/3098, art. 2(e)
21(1)Section 127C (power to seize property) is amended in accordance with this paragraph.U.K.
(2)Subsection (6) is amended as follows—
(a)after paragraph (a) insert—
“(aa)where applicable, in accordance with subsection (6A) or (6B).”;
(b)for “(b) is exercisable” substitute—
“(6A)The power conferred by this section is exercisable”.
(3)After subsection (6A) insert—
“(6B)The power conferred by this section is exercisable by an immigration officer only if the officer has reasonable grounds for suspecting that conduct constituting the relevant offence—
(a)relates to the entitlement of one or more persons who are not nationals of the United Kingdom to enter, transit across, or be in, the United Kingdom (including conduct which relates to conditions or other controls on any such entitlement), or
(b)is undertaken for the purposes of, or otherwise in relation to, a relevant nationality enactment.”.
(4)After subsection (7) insert—
“(8)Relevant nationality enactment” means any enactment in—
(a)the British Nationality Act 1981,
(b)the Hong Kong Act 1985,
(c)the Hong Kong (War Wives and Widows) Act 1996,
(d)the British Nationality (Hong Kong) Act 1997,
(e)the British Overseas Territories Act 2002, or
(f)an instrument made under any of those Acts.”.
Commencement Information
I22Sch. 21 para. 21 in force at 22.11.2014 by S.I. 2014/3098, art. 2(e)
22U.K.In section 127G (“appropriate approval”), in subsection (3), after paragraph (a) insert—
“(aa)in relation to the exercise of a power by an immigration officer, an immigration officer of a rank designated by the Secretary of State as equivalent to that of a senior police officer,”.
Commencement Information
I23Sch. 21 para. 22 in force at 22.11.2014 by S.I. 2014/3098, art. 2(e)
23U.K.In section 127M (further detention in other cases: Scotland), in subsection (3), after paragraph (a) insert—
“(aa)an immigration officer;”.
Commencement Information
I24Sch. 21 para. 23 in force at 22.11.2014 by S.I. 2014/3098, art. 2(e)
24U.K.In section 190A (restraint orders: power to retain seized property), in subsection (3), after paragraph (c) insert—
“(ca)an immigration officer;”.
Commencement Information
I25Sch. 21 para. 24 in force at 22.11.2014 by S.I. 2014/3098, art. 2(e)
25(1)Section 195C (power to seize property) is amended in accordance with this paragraph.U.K.
(2)Subsection (6) is amended as follows—
(a)after paragraph (a) insert—
“(aa)where applicable, in accordance with subsection (6A) or (6B).”;
(b)for “(b) is exercisable” substitute—
“(6A)The power conferred by this section is exercisable”.
(3)After subsection (6A) insert—
“(6B)The power conferred by this section is exercisable by an immigration officer only if the officer has reasonable grounds for suspecting that conduct constituting the relevant offence—
(a)relates to the entitlement of one or more persons who are not nationals of the United Kingdom to enter, transit across, or be in, the United Kingdom (including conduct which relates to conditions or other controls on any such entitlement), or
(b)is undertaken for the purposes of, or otherwise in relation to, a relevant nationality enactment.”.
(4)After subsection (7) insert—
“(8)Relevant nationality enactment” means any enactment in—
(a)the British Nationality Act 1981,
(b)the Hong Kong Act 1985,
(c)the Hong Kong (War Wives and Widows) Act 1996,
(d)the British Nationality (Hong Kong) Act 1997,
(e)the British Overseas Territories Act 2002, or
(f)an instrument made under any of those Acts.”.
Commencement Information
I26Sch. 21 para. 25 in force at 22.11.2014 by S.I. 2014/3098, art. 2(e)
26U.K.In section 195G (“appropriate approval”), in subsection (3), after paragraph (a) insert—
“(aa)in relation to the exercise of a power by an immigration officer, an immigration officer of a rank designated by the Secretary of State as equivalent to that of a senior police officer,”.
Commencement Information
I27Sch. 21 para. 26 in force at 22.11.2014 by S.I. 2014/3098, art. 2(e)
27U.K.In section 195M (further detention in other cases: Northern Ireland), in subsection (3), after paragraph (a) insert—
“(aa)an immigration officer;”.
Commencement Information
I28Sch. 21 para. 27 in force at 22.11.2014 by S.I. 2014/3098, art. 2(e)
28U.K.In section 297A (forfeiture notice), in subsection (6), after paragraph (a) insert—
“(aa)an immigration officer of a rank designated by the Secretary of State as equivalent to that of a senior police officer,”.
Commencement Information
I29Sch. 21 para. 28 in force at 22.11.2014 by S.I. 2014/3098, art. 2(e)
29U.K.In section 297F (release of cash subject to forfeiture notice), in subsection (4), after “Customs,” insert “ immigration officer, ”.
Commencement Information
I30Sch. 21 para. 29 in force at 22.11.2014 by S.I. 2014/3098, art. 2(e)
30U.K.In section 351 (supplementary provision about production orders), in subsection (5)—
(a)after “customs officer” (in the first place) insert “ or an immigration officer ”;
(b)after “customs officer” (in the second place) insert “ or immigration officer ”.
Commencement Information
I31Sch. 21 para. 30 in force at 25.6.2013 by S.I. 2013/1042, art. 4(k)
31U.K.In section 352 (search and seizure warrants), in subsection (5)—
(a)in paragraph (a), after “a customs officer” insert “ or an immigration officer ”;
(b)in paragraph (c), after “Customs” insert “ or an immigration officer ”.
Commencement Information
I32Sch. 21 para. 31 in force at 25.6.2013 by S.I. 2013/1042, art. 4(k)
32U.K.In section 353 (requirements where production order not available), in subsection (10)—
(a)in paragraph (a)—
(i)for “investigator or” substitute “ investigator, ”;
(ii)after “customs officer” insert “ or an immigration officer ”;
(b)in paragraph (c)—
(i)for “investigator or” substitute “ investigator, ”;
(ii)after “Customs” insert “ or an immigration officer ”.
Commencement Information
I33Sch. 21 para. 32 in force at 25.6.2013 by S.I. 2013/1042, art. 4(k)
33U.K.In section 356 (further provisions: civil recovery and detained cash), in subsection (11)(b), after “Customs” insert “ or an immigration officer ”.
Commencement Information
I34Sch. 21 para. 33 in force at 25.6.2013 by S.I. 2013/1042, art. 4(k)
34U.K.In section 357 (disclosure orders), in subsection (8)—
(a)in paragraph (c), omit the final “and”;
(b)at the end of paragraph (d), insert “; and—
(e)in relation to a confiscation investigation carried out by an immigration officer, the Director of Public Prosecutions, the Director of Public Prosecutions for Northern Ireland or any specified person.”.
Commencement Information
I35Sch. 21 para. 34 in force at 25.6.2013 by S.I. 2013/1042, art. 4(k)
35(1)Section 369 (supplementary provision about customer information orders) is amended in accordance with this paragraph.U.K.
(2)In subsection (5)—
(a)after “customs officer” (in the first place) insert “ or an immigration officer ”;
(b)after “customs officer” (in the second place) insert “ or immigration officer ”.
(3)In subsection (7), after “customs officer” insert “ or an immigration officer ”.
Commencement Information
I36Sch. 21 para. 35 in force at 25.6.2013 by S.I. 2013/1042, art. 4(k)
36U.K.In section 375 (supplementary provision about account monitoring orders), in subsection (4)—
(a)after “customs officer” (in the first place) insert “ or an immigration officer ”;
(b)after “customs officer” (in the second place) insert “ or immigration officer ”.
Commencement Information
I37Sch. 21 para. 36 in force at 25.6.2013 by S.I. 2013/1042, art. 4(k)
37(1)Section 377 (code of practice of Secretary of State etc) is amended in accordance with this paragraph.U.K.
(2)In subsection (1), after paragraph (e) insert—
“(f)immigration officers.”.
(3)In subsection (5), for “(e)” substitute “ (f) ”.
Commencement Information
I38Sch. 21 para. 37 in force at 25.6.2013 by S.I. 2013/1042, art. 4(k)
38U.K.In section 412 (interpretation of Chapter 3 of Part 8 — Scotland), in the provision which relates to references to a “constable”, after “customs and excise officer” insert “ and to an immigration officer ”.
Commencement Information
I39Sch. 21 para. 38 in force at 25.6.2013 by S.I. 2013/1042, art. 4(k)
39U.K.In section 24 of the UK Borders Act 2007 (seizure of cash by immigration officers under Proceeds of Crime Act 2002), in subsection (2)(c), for “of the rank of at least Assistant Director” substitute “ at or above the grade which is designated by the Secretary of State as being equivalent to the rank of police inspector ”.
Commencement Information
I40Sch. 21 para. 39 in force at 25.6.2013 by S.I. 2013/1042, art. 4(l)
40U.K.The amendments made to any other Act by section 55 or this Schedule do not prevent sections 1(4), 3(5), 7(5) and 11(4) of the Borders, Citizenship and Immigration Act 2009 from applying to the amended Act (including those provisions of that Act as amended by section 55 or this Schedule).
Commencement Information
I41Sch. 21 para. 40 in force at 25.6.2013 by S.I. 2013/1042, art. 4(l)
41U.K.[F1Paragraphs 42 to 43] have effect for the purposes of the application of sections 136 to 139 of the Criminal Justice and Public Order Act 1994 to immigration officers by virtue of section 55(7).
Textual Amendments
F1Words in Sch. 21 para. 41 substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 17 para. 10(2)
Commencement Information
I42Sch. 21 para. 41 in force at 25.6.2013 by S.I. 2013/1042, art. 4(l)
42U.K.A reference to a constable (including a reference to a constable of a police force in England and Wales, a constable of a police force in Scotland or a constable of a police force in Northern Ireland) is to be treated as a reference to an immigration officer.
Commencement Information
I43Sch. 21 para. 42 in force at 25.6.2013 by S.I. 2013/1042, art. 4(l)
[F242A(1)This paragraph has effect in relation to the application of section 137C of the 1994 Act where a person is arrested under section 137A by an immigration officer in respect of a specified offence that is being investigated by an immigration officer.U.K.
(2)Subsection (2)(b) is to be read as if (instead of requiring the detention to be authorised by both an officer of at least the rank of inspector in the arresting force and an officer of at least the rank of inspector in the investigating force) it required the detention to be authorised by an immigration officer of at least the grade equivalent to the rank of inspector.
(3)Subsection (2)(c) is to be read as if (instead of requiring the detention to be authorised by both an officer of a rank above that of inspector in the arresting force and an officer of a rank above that of inspector in the investigating force) it required the detention to be authorised by an immigration officer of a grade above that equivalent to the rank of inspector.
(4)Subsection (3) is omitted.
(5)In subsections (4) and (5), the reference to an officer of the investigating force is to be read as a reference to an officer of Revenue and Customs.
(6)In subsection (6), the reference to an appropriate officer in the investigating force is to be read as a reference to an appropriate immigration officer (as defined by subsection (7)).
(7)Subsection (6)(a) is omitted.
(8)In subsection (7)—
(a)in paragraph (b), the reference to an officer of at least the rank of inspector is a reference to an immigration officer of at least the equivalent grade;
(b)in paragraph (c), the reference to an officer of a rank above that of inspector is to be read as a reference to an immigration officer of above the equivalent grade.
(9)Subsections (8) to (10) are omitted.
Textual Amendments
F2Sch. 21 paras. 42A-42D inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 17 para. 10(3)
42B(1)Where section 137C applies in accordance with paragraph 42A, Schedule 7B applies with the following modifications.U.K.
(2)Any reference to a constable in the arresting force is to be read as a reference to an immigration officer.
(3)Any reference to an officer of at least, or above, the rank of inspector in the investigating force is to be read as a reference to an immigration officer who is at least, or above, the equivalent grade.
(4)Any reference to the arresting force or to the investigating force (otherwise than in relation to a description of officer in the force) is to be read as a reference to immigration officers.
(5)Instead of the modification made by paragraph 9, section 42 of the Criminal Justice (Scotland) Act 2016 is to be read as if the references in subsections (1)(c)(ii) and (3)(b) to the police were references to immigration officers.
Textual Amendments
F2Sch. 21 paras. 42A-42D inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 17 para. 10(3)
42C(1)This paragraph has effect in relation to the application of section 137C of the 1994 Act where a person is arrested under section 137A by an immigration officer in respect of a specified offence other than one that is being investigated by an immigration officer.U.K.
(2)Any reference to an officer of at least, or above, the rank of inspector in the arresting force is to be read as a reference to an immigration officer of at least, or above, the equivalent grade.
(3)The reference in subsection (6)(a) to the arresting force is to be read as a reference to any immigration officer.
Textual Amendments
F2Sch. 21 paras. 42A-42D inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 17 para. 10(3)
42D(1)Where section 137C applies in accordance with paragraph 42C, Schedule 7B applies with the following modifications.U.K.
(2)Any reference to a constable in the arresting force is to be read as a reference to an immigration officer.
(3)Any reference to the arresting force (otherwise than in relation to a description of officer in the force) is to be read as a reference to immigration officers.
(4)Instead of the modification made by paragraph 9, section 42 of the Criminal Justice (Scotland) Act 2016 is to be read as if the references in subsections (1)(c)(ii) and (3)(b) to the police were references to immigration officers.]
Textual Amendments
F2Sch. 21 paras. 42A-42D inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 17 para. 10(3)
43(1)This paragraph has effect in relation to the application of section 138 of the 1994 Act to immigration officers.U.K.
(2)Subsection (1B) is to be treated as if it provided as follows—
“(1B)Where a person is arrested under subsection (2) of the principal section but not charged in connection with an offence, subsections (2) to (9) of section 25A of the Criminal Law (Consolidation) (Scotland) Act 1995 (right of suspects to have access to a solicitor) apply with the following modifications—
(a)omit the references to “other premises or place” in subsections (2) and (6);
(b)the right under subsection (2) arises when the person is arrested;
(c)subsection (6) is to be read as requiring that the person be informed of the rights under section 25A(2) and (3) on being arrested.”.
(3)In subsection (2), the references to the 1995 Act and to section 14(1) of that Act are to be treated as references to the Criminal Law (Consolidation) (Scotland) Act 1995 (the “consolidation Act”) and to section 24(1) of that Act.
(4)Subsection (2A) is to be treated as if provided as follows—
“(2A)Those provisions are—
(a)section 24(2) to (8A) (detention and questioning at police station);
(b)sections 24A and 24B (extension of period of detention under section 24B);
(c)section 25 (right to have someone informed when detained);
(d)section 25A(2) to (9) (right of access to solicitor).”.
(5)In subsection (6) the reference to the 1995 Act is to be treated as a reference to the consolidation Act.
(6)In subsection (7)—
(a)the reference to section 14 is to be treated as a reference to section 24 of the consolidation Act;
(b)the reference to subsections (6) and (9) of section 14 is to be treated as a reference to subsections (5) and (8) of section 24.
(7)In subsection (8)—
(a)the reference to section 15 is to be treated as a reference to section 25 of the consolidation Act;
(b)paragraph (a) is to be treated as if it provided as follows—
“(a)in subsection (1)—
(i)the words “other premises or place” (in both places) are to be treated as if they referred to a police station;
(ii)the reference in paragraph (a) to other premises is to be treated as a reference to a police station;
(iii)paragraph (b) does not apply;
(iv)the references in paragraph (c)(i) and (iii) to the right under subsection (1)(b) are to be treated as references to the right under section 25(1) to have someone informed when detained;
(v)the references in paragraph (c)(ii) to subsection (1)(b) is to be treated as a reference to section 25(1);
(vi)the reference in paragraph (c)(iii) to subsection (2) is to be treated as a reference to the words in section 25(1) beginning “and the person shall be informed”;
(vii)the reference to subsection (4) is to be treated as a reference to section 25(2).”.
(8)In subsection (9)—
(a)the reference to section 15A is to be treated as a reference to section 25A;
(b)paragraph (a) is to be treated as if it provided as follows—
“(a)the words “other premises or place” in subsections (2) and (6) are to be treated as referring to a police station;”;
(c)in paragraph (b)(iii) the reference to section 15A(2) and (3) is to be treated as a reference to section 25A(2) and (3).
Commencement Information
I44Sch. 21 para. 43 in force at 25.6.2013 by S.I. 2013/1042, art. 4(l)
44U.K.The Criminal Law (Consolidation) (Scotland) Act 1995 is amended as follows.
Commencement Information
I45Sch. 21 para. 44 in force at 25.6.2013 by S.I. 2013/1042, art. 4(l)
45(1)Section 24 (detention and questioning at office of Revenue and Customs) is amended in accordance with this paragraph.U.K.
(2)In the title of the section, for “at office of Revenue and Customs” substitute “ : Revenue and Customs, immigration and nationality offences ”.
(3)In subsection (5)—
(a)in paragraph (a)—
(i)after “Customs” insert “ (in a case falling within subsection (A1)(a)) or police station (in a case falling within subsection (A1)(b)) ”;
(ii)after “premises” insert “ (in either of those cases) ”;
(b)in paragraph (d)—
(i)after “subsection (1)” insert “ or (1A) ”;
(ii)after “Customs” insert “ (in a case falling within subsection (A1)(a)) or police station (in a case falling within subsection (A1)(b)) ”;
(iii)after “premises” insert “ (in either of those cases) ”.
Commencement Information
I46Sch. 21 para. 45 in force at 25.6.2013 by S.I. 2013/1042, art. 4(l)
46U.K.In section 25 (right to have someone informed when detained), in subsection (1)—
(a)in the words before paragraph (a)—
(i)after “Customs” (in the first place) insert “ (in a case falling within subsection (A1)(a)) or police station (in a case falling within subsection (A1)(b)) ”;
(ii)after “place” (in the first place) insert “ (in either of those cases) ”;
(iii)after “Customs” (in the second place) insert “ , police station ”;
(b)in paragraph (a), after “Customs” insert “ , police station ”.
Commencement Information
I47Sch. 21 para. 46 in force at 25.6.2013 by S.I. 2013/1042, art. 4(l)
47(1)Section 25A (right of suspects to have access to a solicitor) is amended in accordance with this paragraph.U.K.
(2)In subsection (1)—
(a)in paragraph (b)—
(i)for “an officer” substitute “ an officer of Revenue and Customs ”;
(ii)omit the final “or”;
(b)in paragraph (c), for “an officer” (in each place) substitute “ an officer of Revenue and Customs ”;
(c)after paragraph (c) insert—
“(d)attends voluntarily at a police station or any other premises or place for the purpose of being questioned by an immigration officer on suspicion of having committed an immigration offence or nationality offence; or
(e)is arrested (but not charged) by an immigration officer in connection with an immigration offence or nationality offence and is being detained at a police station or any other premises or place for the purpose of being questioned by an immigration officer in connection with the offence.”.
(3)In subsection (2)(b), after “Customs” insert “ , police station ”.
(4)In subsection (6)(a), after “Customs” insert “ , police station ”.
Commencement Information
I48Sch. 21 para. 47 in force at 25.6.2013 by S.I. 2013/1042, art. 4(l)
48U.K.In section 26B (interpretation of Part 3 etc)—
(a)in subsection (1), for the definition of “officer” substitute—
““officer” means—
(a)for the purposes of sections 24 to 25A—
(i)an officer of Revenue and Customs (in relation to detention by, attendance for the purpose of being questioned by, or arrest by, such an officer), or
(ii)an immigration officer (in relation to detention by, attendance for the purpose of being questioned by, or arrest by, such an officer); and
(b)for the purposes of the other provisions of this Part of this Act, an officer of Revenue and Customs.”;
(b)in subsection (2), for the words from “this Act” to “had authority” substitute “this Act—
(a)a certificate of the Commissioners for Her Majesty's Revenue and Customs that an officer of Revenue of Customs, or
(b)a certificate of the Secretary of State that an immigration officer,
had authority”.
Commencement Information
I49Sch. 21 para. 48 in force at 25.6.2013 by S.I. 2013/1042, art. 4(l)
49(1)The amendments made by section 55(10), and paragraph 45 of this Schedule, do not affect section 24 of the 1995 Act as it applies by virtue of section 26(8) of that Act in respect of a person detained under section 26 of that Act (detention in connection with certain drug smuggling offences).U.K.
(2)The amendments made by paragraph 46 of this Schedule do not affect section 25(1) of the 1995 Act as it applies by virtue of section 26(9) of that Act in respect of a person detained under section 26 of that Act (detention in connection with certain drug smuggling offences).
Commencement Information
I50Sch. 21 para. 49 in force at 25.6.2013 by S.I. 2013/1042, art. 4(l)
50(1)In section 8A of the Legal Aid (Scotland) Act 1986 (power to provide for criminal advice and assistance to be available for certain clients without reference to the financial limits), in subsection (2)(b), after “offences” insert “ or immigration or nationality offences ”.U.K.
(2)In regulation 8 of the Advice and Assistance and Civil Legal Aid (Financial Conditions and Contributions) (Scotland) Regulations 2011 (criminal advice and assistance: automatic availability in certain circumstances), in paragraph (b), after “offences” insert “ or immigration or nationality offences ”.
(3)The amendment of regulation 8 by sub-paragraph (2) above does not prevent the provision made by that amendment from being amended or revoked by exercise of the power conferred by section 8A of the Legal Aid (Scotland) Act 1986 or any other power.
(4)Regulation 3(1)(b) of the Criminal Legal Assistance (Duty Solicitors) (Scotland) Regulations 2011 (duty solicitors: advice for suspects) applies in relation to a person to whom section 25A of the 1995 Act applies by virtue of its amendment by paragraph 46 of this Schedule; and, accordingly, in regulation 3(1)(b), after “customs” insert “ , immigration and nationality ”.
(5)But regulation 3(1)(b) does not have effect in relation to such a person in a case where—
(a)the person is detained under section 24 of the 1995 Act, and the period of detention began before the time at which paragraph 46 of this Schedule comes into force;
(b)the person attends as mentioned in section 25A(1)(d) of the 1995 Act, and the period of attendance began before that time; or
(c)the person is arrested and detained as mentioned in section 25A(1)(e) of that Act, and the arrest occurred before that time.
(6)Sub-paragraph (4) does not affect the application of regulation 3(1)(b) in relation to a person to whom section 25A of the 1995 Act applies otherwise than by virtue of its amendment by paragraph 47 of this Schedule.
(7)Sub-paragraphs (4) to (6) do not prevent regulation 3(1)(b) from being amended or revoked by exercise of any power conferred by the Legal Aid (Scotland) Act 1986 or any other power.
(8)In this paragraph “1995 Act” means the Criminal Law (Consolidation) (Scotland) Act 1995.
Commencement Information
I51Sch. 21 para. 50 in force at 25.6.2013 by S.I. 2013/1042, art. 4(l)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: