15(1)A person detained under section 27 at a place in Scotland is entitled to have intimation of the person’s detention and of the place where the person is being detained sent without delay to a solicitor and to another person named by the detained person.U.K.
(2)The person named must be—
(a)a friend of the detained person,
(b)a relative of the detained person, or
(c)a person who is known to the detained person or who is likely to take an interest in the detained person’s welfare.
(3)Where a detained person is transferred from one place to another, the person is entitled to exercise the right under sub-paragraph (1) in respect of the place to which the person is transferred.
(4)A police officer of at least the rank of superintendent may authorise a delay in making intimation where, in the officer’s view, the delay is necessary on one of the grounds mentioned in paragraph 16(3) or where paragraph 16(4) applies.
(5)Where a detained person requests that the intimation be made, a record must be made of the time at which the request was made and complied with.
(6)A person who is detained as mentioned in sub-paragraph (1) is entitled to consult a solicitor at any time, without delay.
(7)A police officer of at least the rank of superintendent may authorise a delay in holding the consultation where, in the officer’s view, the delay is necessary on one of the grounds mentioned in paragraph 16(3) or where paragraph 16(4) applies.
(8)The consultation is to be private.
(9)A detained person must be permitted to exercise the rights under this paragraph before the end of the period mentioned in section 27(3).
(10)A detained person must be informed of the rights under sub-paragraphs (1) and (6) on first being detained.
Commencement Information
I1Sch. 6 para. 15 not in force at Royal Assent, see 100(1)
I2Sch. 6 para. 15 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)