44U.K.The Criminal Law (Consolidation) (Scotland) Act 1995 is amended as follows.
Commencement Information
I1Sch. 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
I2Sch. 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
I3Sch. 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
I4Sch. 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
I5Sch. 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
I6Sch. 21 para. 49 in force at 25.6.2013 by S.I. 2013/1042, art. 4(l)