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Criminal Justice (Scotland) Act 2016

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PART 1 — ARREST AND CUSTODY

CHAPTER 1 — ARREST BY POLICE

Arrest without warrant

Power of a constable

1

Exercise of the power

2

the constable must show identification to the person as soon as reasonably practicable.

Procedure following arrest

Information to be given on arrest

3

When a constable arrests a person (or as soon afterwards as is reasonably practicable), a constable must inform the person—

Arrested person to be taken to police station

4

Information to be given at police station

5

Information to be recorded by police

6

CHAPTER 2 — CUSTODY: PERSON NOT OFFICIALLY ACCUSED

Keeping person in custody

Authorisation for keeping in custody

7

Information to be given on authorisation

8

At the time when authorisation to keep a person in custody is given under section 7, the person must be informed of—

12 hour limit: general rule

9

12 hour limit: previous period

10

Authorisation for keeping in custody beyond 12 hour limit

11

Information to be given on authorisation under section 11

12

Custody review

13

Test for sections 7, 11 and 13

14

Medical treatment

15

Investigative liberation

Release on conditions

16

Conditions ceasing to apply

17

Modification or removal of conditions

18

Review of conditions

19

CHAPTER 3 — CUSTODY: PERSON OFFICIALLY ACCUSED

Person to be brought before court

Information to be given if sexual offence

20

Person to be brought before court

21

Under 18s to be kept in place of safety prior to court

22

Notice to parent that under 18 to be brought before court

23

Notice to local authority that under 18 to be brought before court

24

Police liberation

Liberation by police

25

Release on undertaking

26

Modification of undertaking

27

Rescission of undertaking

28

Expiry of undertaking

29

Review of undertaking

30

CHAPTER 4 — POLICE INTERVIEW

Rights of suspects

Information to be given before interview

31

Right to have solicitor present

32

Consent to interview without solicitor

33

Person not officially accused

Questioning following arrest

34

Person officially accused

Authorisation for questioning

35

is final.

Authorisation: further provision

36

Arrest to facilitate questioning

37

CHAPTER 5 — RIGHTS OF SUSPECTS IN POLICE CUSTODY

Intimation and access to another person

Right to have intimation sent to other person

38

Right to have intimation sent: under 18s

39

Right of under 18s to have access to other person

40

Social work involvement in relation to under 18s

41

sections 38 to 40 are to be applied in respect of the person as if a constable believes the person to be under 16 years of age.

Vulnerable persons

Support for vulnerable persons

42

Intimation and access to a solicitor

Right to have intimation sent to solicitor

43

Right to consultation with solicitor

44

CHAPTER 6 — POLICE POWERS AND DUTIES

Powers of police

Use of reasonable force

45

A constable may use reasonable force—

Common law power of entry

46

Nothing in this Part affects any rule of law concerning the powers of a constable to enter any premises for any purpose.

Common law power of search etc.

47

Power of search etc. on arrest

48

Taking drunk persons to designated place

49

the constable may take the person to a designated place (and do so instead of arresting the person).

Duties of police

Duty not to detain unnecessarily

50

A constable must take every precaution to ensure that a person is not unreasonably or unnecessarily held in police custody.

Duty to consider child’s wellbeing

51

Duties in relation to children in custody

52

Duty to inform Principal Reporter if child not being prosecuted

53

CHAPTER 7 — GENERAL

Common law and enactments

Abolition of pre-enactment powers of arrest

54

A constable has no power to arrest a person without a warrant in respect of an offence that has been or is being committed other than—

Abolition of requirement for constable to charge

55

Any rule of law that requires a constable to charge a person with an offence in particular circumstances is abolished.

Consequential modification

56

Schedule 2 contains repeals and other provisions consequential on this Part.

Code of practice about investigative functions

Code of practice about investigative functions

57

Disapplication of Part

Disapplication in relation to service offences

58

Disapplication in relation to terrorism offences

59

Powers to modify Part

Further provision about application of Part

60

Further provision about vulnerable persons

61

Interpretation of Part

Meaning of constable

62

In this Part, “constable” has the meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 2012.

Meaning of officially accused

63

For the purposes of this Part, a person is officially accused of committing an offence if—

Meaning of police custody

64

PART 2 — SEARCH BY POLICE

CHAPTER 1 — SEARCH OF PERSON NOT IN POLICE CUSTODY

Lawfulness of search by constable

Limitation on what enables search

65

Cases involving removal of person

66

Public safety at premises or events

67

Duty to consider child’s wellbeing

68

Miscellaneous and definitions

Publication of information by police

69

Provisions about possession of alcohol

70

Matters as to effect of sections 65, 66 and 70

71

Meaning of constable etc.

72

In this Chapter—

CHAPTER 2 — CODE OF PRACTICE

Making and status of code

Contents of code of practice

73

Review of code of practice

74

a reference to a code of practice includes a revised code as allowed by subsection (1).

Legal status of code of practice

75

Procedure applying to code

Consultation on code of practice

76

Bringing code of practice into effect

77

PART 3 — SOLEMN PROCEDURE

Proceedings on petition

78

(6A) In proceedings before the sheriff in examination or further examination, the accused is not to be given an opportunity to make a declaration in respect of any charge.

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Pre-trial time limits

79

(aa) where an indictment has been served on the accused in respect of the sheriff court, a first diet is commenced within the period of 11 months;

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(i) 110 days, unless a first diet in respect of the case is commenced within that period, which failing he shall be entitled to be admitted to bail; or (ii) 140 days

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(ba) a first diet shall be taken to commence when it is called;

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(b) where the charge is one that can lawfully be tried in the sheriff court, at a first diet in that court not less than 29 clear days after the service of the notice.

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Duty of parties to communicate

80

(1ZA) If a written record has been lodged in accordance with section 71C, the court must have regard to the written record when ascertaining the state of preparation of the parties.

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(71C) (1) Subsection (2) applies where— (a) the accused is indicted to the sheriff court, and (b) a solicitor— (i) has notified the court under section 72F(1) that the solicitor has been engaged by the accused for the purposes of conducting the accused's defence, and (ii) has not subsequently been dismissed by the accused or withdrawn. (2) The prosecutor and the accused's legal representative must, within the period described in subsection (3), communicate with each other and jointly prepare a written record of their state of preparation with respect to their cases (referred to in this section as “the written record”). (3) The period referred to in subsection (2) begins on the day the accused is served with an indictment and expires at the end of the day falling 14 days later. (4) The written record must— (a) be in such form, or as nearly as may be in such form, (b) contain such information, and (c) be lodged in such manner, as may be prescribed by act of adjournal. (5) The written record must state the manner in which the communication required by subsection (2) was conducted (for example, by telephone, email or a meeting in person). (6) In subsection (2), “the accused's legal representative” means— (a) the solicitor referred to in subsection (1), or (b) where the solicitor has instructed counsel for the purposes of the conduct of the accused's case, either the solicitor or that counsel, or both of them. (7) In subsection (6)(b), “counsel” includes a solicitor who has a right of audience in the High Court of Justiciary under section 25A of the Solicitors (Scotland) Act 1980.

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First diets

81

(6AB) A notice affixed under subsection (4)(b) or served under subsection (6), where the indictment is in respect of the sheriff court, must contain intimation to the accused that the first diet may proceed and a trial diet may be appointed in the accused's absence.

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(71B) (1) At a first diet, unless a plea of guilty is tendered and accepted, the court must— (a) after complying with section 71, and (b) subject to subsections (3) to (7), appoint a trial diet. (2) Where a trial diet is appointed at a first diet, the accused must appear at the trial diet and answer the indictment. (3) In appointing a trial diet under subsection (1), in any case in which the 12 month period applies (whether or not the 140 day period also applies in the case)— (a) if the court considers that the case would be likely to be ready to proceed to trial within that period, it must, subject to subsections (5) to (7), appoint a trial diet for a date within that period, or (b) if the court considers that the case would not be likely to be so ready, it must give the prosecutor an opportunity to make an application to the court under section 65(3) for an extension of the 12 month period. (4) Where paragraph (b) of subsection (3) applies— (a) if such an application as is mentioned in that paragraph is made and granted, the court must, subject to subsections (5) to (7), appoint a trial diet for a date within the 12 month period as extended, or (b) if no such application is made or if one is made but is refused by the court— (i) the court may desert the first diet simpliciter or pro loco et tempore, and (ii) where the accused is committed until liberated in due course of law, the accused must be liberated forthwith. (5) Subsection (6) applies in any case in which— (a) the 140 day period as well as the 12 month period applies, and (b) the court is required, by virtue of subsection (3)(a) or (4)(a) to appoint a trial diet within the 12 month period. (6) In such a case— (a) if the court considers that the case would be likely to be ready to proceed to trial within the 140 day period, it must appoint a trial diet for a date within that period as well as within the 12 month period, or (b) if the court considers that the case would not be likely to be so ready, it must give the prosecutor an opportunity to make an application under section 65(5) for an extension of the 140 day period. (7) Where paragraph (b) of subsection (6) applies— (a) if such an application as is mentioned in that paragraph is made and granted, the court must appoint a trial diet for a date within the 140 day period as extended as well as within the 12 month period, (b) if no such application is made or if one is made but is refused by the court— (i) the court must proceed under subsection (3)(a) or (as the case may be) (4)(a) to appoint a trial diet for a date within the 12 month period, and (ii) the accused is then entitled to be admitted to bail. (8) Where an accused is, by virtue of subsection (7)(b)(ii), entitled to be admitted to bail, the court must, before admitting the accused to bail, give the prosecutor an opportunity to be heard. (9) On appointing a trial diet under this section in a case where the accused has been admitted to bail (otherwise than by virtue of subsection (7)(b)(ii)), the court, after giving the parties an opportunity to be heard— (a) must review the conditions imposed on the accused's bail, and (b) having done so, may, if it considers it appropriate to do so, fix bail on different conditions. (10) In this section— - “the 12 month period” means the period specified in subsection (1)(b) of section 65 and, in any case in which that period has been extended under subsection (3) of that section, includes that period as so extended, - “the 140 day period” means the period specified in subsection (4)(b)(ii) of section 65 and, in any case in which that period has been extended under subsection (5) of that section, includes that period as so extended.

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(83B) (1) In the sheriff court a trial diet and, if it is adjourned, the adjourned diet, may, without having been commenced, be continued from sitting day to sitting day— (a) by minute, in such form as may be prescribed by act of adjournal, signed by the sheriff clerk, (b) up to such maximum number of sitting days after the day originally appointed for the trial diet as may be so prescribed. (2) The indictment falls if a trial diet, or adjourned diet, is not commenced by the end of the last sitting day to which it may be continued by virtue of subsection (1). (3) For the purposes of this section, a trial diet or adjourned trial diet is to be taken to commence when it is called. (4) In this section, “sitting day” means any day on which the court is sitting but does not include any Saturday or Sunday or any day which is a court holiday.

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Preliminary hearings

82

In section 72A (preliminary hearing: appointment of trial diet) of the 1995 Act—

Plea of guilty

83

In the 1995 Act—

PART 4 — SENTENCING

Maximum term for weapons offences

Maximum term for weapons offences

84

Prisoners on early release

Sentencing under the 1995 Act

85

After section 200 of the 1995 Act there is inserted—

(200A) (1) Before sentencing or otherwise dealing with a person who has been found by the court to have committed an offence punishable with imprisonment (other than an offence in respect of which life imprisonment is mandatory), the court must so far as is reasonably practicable ascertain whether the person was on early release at the time the offence was committed. (2) Where the court ascertains that the person was on early release at the time the offence was committed, the court must consider making an order, or as the case may be a reference, under section 16(2) of the Prisoners and Criminal Proceedings (Scotland) Act 1993. (3) For the purposes of this section a person is on early release if, by virtue of one of the following enactments, the person is not in custody— (a) Part I of the Prisoners and Criminal Proceedings (Scotland) Act 1993, (b) Part II of the Criminal Justice Act 1991, or (c) Part 12 of the Criminal Justice Act 2003.

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Sentencing under the 1993 Act

86

(2A) This subsection applies to a case if— (a) the court mentioned in subsection (1)(b) is inferior to the court which imposed the original sentence, and (b) the whole of the period described in subsection (2)(a) exceeds— (i) if the court mentioned in subsection (1)(b) is a justice of the peace court (however constituted), 60 days, (ii) if the court is the sheriff court sitting in summary proceedings, 12 months, (iii) if the court is the sheriff court sitting in solemn proceedings, 5 years.

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PART 5 — APPEALS AND SCCRC

Appeals

Preliminary pleas in summary cases

87

(1A) An appeal under subsection (1) may be taken— (a) in the case of a decision to dismiss the complaint or any part of it, by the prosecutor without the leave of the court, (b) in any other case, only with the leave of the court of first instance (granted on the motion of a party or ex proprio motu).

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(2A) Subsection (3) applies where— (a) the court grants leave to appeal under subsection (1), or (b) the prosecutor— (i) indicates an intention to appeal under subsection (1), and (ii) by virtue of subsection (1A)(a), does not require the leave of the court.

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Preliminary diets in solemn cases

88

In section 74 (appeals in connection with preliminary diets) of the 1995 Act—

(2A) An appeal under subsection (1) may be taken— (a) in the case of a decision to dismiss the indictment or any part of it, by the prosecutor without the leave of the court, (b) in any other case, only with the leave of the court of first instance (granted on the motion of a party or ex proprio motu).

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Extending certain time limits: summary

89

(1A) Where an application for a direction under subsection (1)— (a) is made by the person convicted, and (b) relates to the requirements of section 176(1), the Sheriff Appeal Court may make a direction only if it is satisfied that doing so is justified by exceptional circumstances. (1B) In considering whether there are exceptional circumstances for the purpose of subsection (1A), the Sheriff Appeal Court must have regard to— (a) the length of time that has elapsed between the expiry of the period mentioned in section 176(1)(a) and the making of the application, (b) the reasons stated in accordance with subsection (2A)(a)(i), (c) the proposed grounds of appeal.

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(5) If the Sheriff Appeal Court makes a direction under subsection (1), it must— (a) give reasons for the decision in writing, and (b) give the reasons in ordinary language.

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Extending certain time limits: solemn

90

(3A) Subsection (3) does not entitle an applicant to be present at the hearing and determination of an application under section 111(2) unless the High Court has made a direction under section 111(4)(b).

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(2ZA) Where an application under subsection (2) is received after the period to which it relates has expired, the High Court may extend the period only if it is satisfied that doing so is justified by exceptional circumstances. (2ZB) In considering whether there are exceptional circumstances for the purpose of subsection (2ZA), the High Court must have regard to— (a) the length of time that has elapsed between the expiry of the period and the making of the application, (b) the reasons stated in accordance with subsection (2A)(a)(i), (c) the proposed grounds of appeal.

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(4) An application under subsection (2) is to be dealt with by the High Court— (a) in chambers, and (b) unless the Court directs otherwise, without the parties being present. (5) If the High Court extends a period under subsection (2), it must— (a) give reasons for the decision in writing, and (b) give the reasons in ordinary language.

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Certain lateness not excusable

91

In section 300A (power of court to excuse procedural irregularities) of the 1995 Act, after subsection (7) there is inserted—

(7A) Subsection (1) does not authorise a court to excuse a failure to do any of the following things timeously— (a) lodge written intimation of intention to appeal in accordance with section 109(1), (b) lodge a note of appeal in accordance with section 110(1)(a), (c) make an application for a stated case under section 176(1), (d) lodge a note of appeal in accordance with section 186(2)(a).

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Advocation in solemn proceedings

92

After section 130 of the 1995 Act there is inserted—

(130A) It is not competent to bring under review of the High Court by way of bill of advocation a decision taken at a first diet or a preliminary hearing.

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Advocation in summary proceedings

93

After section 191A of the 1995 Act there is inserted—

(191B) It is not competent to bring under review of the Sheriff Appeal Court by way of bill of advocation a decision of the court of first instance that relates to such objection or denial as is mentioned in section 144(4).

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Finality of appeal proceedings

94

In subsection (2) of section 124 (finality of proceedings) of the 1995 Act—

Courts reform: spent provisions

95

In schedule 3 to the Courts Reform (Scotland) Act 2014, the following provisions are repealed—

SCCRC

References by SCCRC

96

PART 6 — MISCELLANEOUS

CHAPTER 1 — PUBLICATION OF PROSECUTORIAL TEST

Publication of prosecutorial test

97

CHAPTER 2 — SUPPORT FOR VULNERABLE PERSONS

Meaning of appropriate adult support

98

Responsibility for ensuring availability of appropriate adults

99

The Scottish Ministers may by regulations—

Assessment of quality of appropriate adult support

100

The Scottish Ministers may by regulations—

Training for appropriate adults

101

The Scottish Ministers may by regulations—

Recommendations from quality assessor and training provider

102

Duty to ensure quality assessment takes place

103

If, by virtue of regulations under section 99, a person has the function of ensuring that people are available to provide appropriate adult support, it is the Scottish Ministers' duty to ensure that there is a person discharging the functions mentioned in section 100(a).

Elaboration of regulation-making powers under this Chapter

104

Procedure for making regulations under this Chapter

105

Other powers of Ministers unaffected

106

Nothing in this Chapter is to be taken to imply that the powers it gives to the Scottish Ministers to confer functions are the only powers that they have to confer those (or similar) functions.

CHAPTER 3 — NOTIFICATION IF PARENT OF UNDER 18 IMPRISONED

Child’s named person to be notified

107

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Definition of certain expressions

108

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CHAPTER 4 — STATEMENTS AND PROCEDURE

Statements by accused

Statements by accused

109

(261ZA) (1) Evidence of a statement to which this subsection applies is not inadmissible as evidence of any fact contained in the statement on account of the evidence's being hearsay. (2) Subsection (1) applies to a statement made by the accused in the course of the accused's being questioned (whether as a suspect or not) by a constable, or another official, investigating an offence. (3) Subsection (1) does not affect the issue of whether evidence of a statement made by one accused is admissible as evidence in relation to another accused.

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Use of technology

Live television links

110

(288H) (1) Where the court so determines at any time before or at a specified hearing, a detained person is to participate in the hearing by means of a live television link. (2) The court— (a) must give the parties in the case an opportunity to make representations before making a determination under subsection (1), (b) may make such a determination only if it considers that to do so is not contrary to the interests of justice. (3) The court may require a detained person to participate by means of a live television link in any proceedings at a specified hearing or otherwise in the case for the sole purpose of considering whether to make a determination under subsection (1) with respect to a specified hearing. (4) Where a detained person participates in any specified hearing or other proceedings by means of a live television link— (a) a place of detention is, for the purposes of the hearing or other proceedings, deemed to be part of the court-room, and (b) accordingly, the hearing is or other proceedings are deemed to take place in the presence of the detained person. (5) In this section— - “court-room” includes chambers, - “live television link” means live television link between a place of detention and the court-room in which any specified hearing is or other proceedings are to be held or (as the case may be) any specified hearing is or other proceedings are being held. (288I) (1) No evidence as to a charge on any complaint or indictment may be led or presented at a specified hearing in respect of which there is a determination under section 288H(1). (2) The court— (a) may, at any time before or at a specified hearing, revoke a determination under section 288H(1), (b) must do so in relation to a detained person if it considers that it is in the interests of justice for the detained person to appear in person. (3) The court may postpone a specified hearing to a later day if, on the day on which a specified hearing takes place or is due to take place— (a) the court decides not to make a determination under section 288H(1) with respect to the hearing, or (b) the court revokes such a determination under subsection (2). (288J) (1) Except where a postponement under section 288I(3) is while section 21(2) of the Criminal Justice (Scotland) Act 2016 applies to a detained person, the following do not count towards any time limit arising in the person's case if the postponement in the case is to the next day on which the court is sitting— (a) that next day, (b) any intervening Saturday, Sunday or court holiday. (2) Even while section 21(2) of the Criminal Justice (Scotland) Act 2016 applies to a detained person, that section does not prevent a postponement under section 288I(3) in the person's case. (3) In section 288I and this section, “postpone” includes adjourn. (288K) (1) The Lord Justice General may by directions specify types of hearing at the High Court, sheriff court and JP court in which a detained person may participate in accordance with section 288H(1). (2) Directions under subsection (1) may specify types of hearing by reference to— (a) the venues at which they take place, (b) particular places of detention, (c) categories of cases or proceedings to which they relate. (3) Directions under subsection (1) may— (a) vary or revoke earlier such directions, (b) make different provision for different purposes. (4) The validity of any proceedings is not affected by the participation of a detained person by means of a live television link in a hearing that is not a specified hearing. (5) In this section, “hearing” includes any diet or hearing in criminal proceedings which may be held in the presence of an accused, a convicted person or an appellant in the proceedings. (288L) For the purpose of sections 288H to 288K— - “detained person” means person who is— 1. an accused, a convicted person or an appellant in the case to which a specified hearing relates, and 2. imprisoned or otherwise lawfully detained (whether or not in connection with an offence) at any place in Scotland, - “place of detention” means place in which a detained person is imprisoned or detained, - “specified hearing” means hearing of a type specified in directions having effect for the time being under section 288K.

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Electronic proceedings

111

(1A) Subsection (1) above extends to making provision by Act of Adjournal for something to be done in electronic form or by electronic means.

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CHAPTER 5 — AUTHORISATION UNDER PART III OF THE POLICE ACT 1997

Authorisation of persons other than constables

112

In section 108 (interpretation of Part III) of the Police Act 1997, after subsection (1) there is inserted—

(1A) A reference in this Part to a staff officer of the Police Investigations and Review Commissioner is to any person who— (a) is a member of the Commissioner's staff appointed under paragraph 7A of schedule 4 to the Police, Public Order and Criminal Justice (Scotland) Act 2006, or (b) is a member of the Commissioner's staff appointed under paragraph 7 of that schedule to whom paragraph 7B(2) of that schedule applies.

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CHAPTER 6 — POLICE NEGOTIATING BOARD FOR SCOTLAND

Establishment and functions

113

(55A) (1) There is established a body to be known as the Police Negotiating Board for Scotland. (2) Schedule 2A makes further provision about the Police Negotiating Board for Scotland. (3) In this Chapter, the references to the PNBS are to the Police Negotiating Board for Scotland. (55B) (1) The PNBS may make representations to the Scottish Ministers about— (a) any draft regulations shared with it under section 54(1)(a), (b) any draft determination of a kind mentioned in subsection (2), (c) the matters mentioned in subsection (4) generally. (2) The draft determination referred to in subsection (1)(b) is a draft of a determination to be made by the Scottish Ministers— (a) in relation to a matter mentioned in subsection (4), and (b) by virtue of regulations made under section 48. (3) The Scottish Ministers may, after consulting the chairperson of the PNBS— (a) require the PNBS to make representations under subsection (1), (b) set or extend a time limit within which it must do so. (4) The matters referred to in subsections (1)(c) and (2)(a) are the following matters in relation to constables (other than special constables) and police cadets— (a) pay, allowances and expenses, (b) public holidays and leave, (c) hours of duty. (55C) (1) The PNBS may make representations to the Scottish Ministers about— (a) any draft regulations shared with it under section 54(2), (b) the matters mentioned in subsection (2) generally. (2) The matters referred to in subsection (1)(b) are matters relating to the governance, administration and conditions of service of constables (other than special constables) and police cadets. (3) But those matters do not include the matters mentioned in section 55B(4). (55D) (1) If representations under section 55B(1) are made in terms settled through arbitration in accordance with the PNBS's constitution, the Scottish Ministers must take all reasonable steps appearing to them to be necessary for giving effect to those representations. (2) However, this— (a) requires the Scottish Ministers to take such steps only in qualifying cases (see paragraph 8(2) of schedule 2A), (b) does not require the Scottish Ministers— (i) to take such steps in relation to representations that are no longer being pursued by the PNBS, or (ii) where such steps would comprise or include the making of regulations under section 48, to make regulations under that section more than once with respect to the same representations. (55E) (1) The PNBS must, as soon as practicable after the end of each reporting year, prepare a report on how it has carried out its functions during that year. (2) The PNBS must— (a) give a copy of each report to the Scottish Ministers, (b) publish each report in such manner as it considers appropriate. (3) In this Chapter, “reporting year” is as defined in the PNBS's constitution.

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(3A) Regulations under paragraph 5(7) of schedule 2A are subject to the affirmative procedure if they include provisions of the kind mentioned in paragraph 7(2) or 8(2) of that schedule.

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Consequential and transitional

114

(50B) The Police Negotiating Board for Scotland.

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PART 7 — FINAL PROVISIONS

Ancillary and definition

Ancillary regulations

115

Meaning of “the 1995 Act”

116

In this Act, “the 1995 Act” means the Criminal Procedure (Scotland) Act 1995.

Commencement and short title

Commencement

117

Short title

118

The short title of this Act is the Criminal Justice (Scotland) Act 2016.

SCHEDULE 1

Offence of breaching condition

1

Sentencing for the offence

2

Breach by committing offence

3

Matters for paragraph 3(2)(b)

4

Matters for paragraph 3(2)(c)

5

Evidential presumptions

6

Interpretation

7

In this schedule—

SCHEDULE 2

PART 1 — PROVISIONS AS TO ARREST

Criminal Procedure (Scotland) Act 1995

1

The 1995 Act is amended as follows.

2

These provisions are repealed—

3

Miscellaneous enactments

4

In section 4 of the Trespass (Scotland) Act 1865, for the words from the beginning to “every” in the last place where it occurs there is substituted “ A ”.

5

In subsection (3) of section 1 of the Public Meeting Act 1908, the words from “, and if he refuses” to the end are repealed.

6

In the Firearms Act 1968, section 50 is repealed.

7

In the Civic Government (Scotland) Act 1982—

8

In the Child Abduction Act 1984, section 7 is repealed.

9

In section 11 of the Protection of Badgers Act 1992, paragraph (c) of subsection (1) is repealed.

10

In the Criminal Justice and Public Order Act 1994, section 60B is repealed.

11

In section 8B of the Olympic Symbol etc. (Protection) Act 1995, subsections (2) and (3) are repealed.

12

In the Criminal Law (Consolidation) (Scotland) Act 1995—

13

In the Deer (Scotland) Act 1996, section 28 is repealed.

14

In section 61 of the Crime and Punishment (Scotland) Act 1997, subsection (5) is repealed.

15

In section 7 of the Protection of Wild Mammals (Scotland) Act 2002, paragraph (a) of subsection (1) is repealed.

16

In the Fireworks Act 2003—

17

In section 307 of the Criminal Justice Act 2003, subsection (4) is repealed.

18

In the Antisocial Behaviour etc. (Scotland) Act 2004—

19

In section 130 of the Serious Organised Crime and Police Act 2005, subsection (3) is repealed.

20

In the Animal Health and Welfare (Scotland) Act 2006, in schedule 1—

21

In the Prostitution (Public Places) (Scotland) Act 2007, section 2 is repealed.

22

In section 32 of the Glasgow Commonwealth Games Act 2008, subsections (3) and (4) are repealed.

23

In section 7 of the Tobacco and Primary Medical Services (Scotland) Act 2010, subsection (4) is repealed.

24

In each of sections 169(2) and 170(2) of the Children's Hearings (Scotland) Act 2011, the words “arrested without warrant and” are repealed.

25

In section 9 of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011, subsections (2) and (3) are repealed.

PART 2 — FURTHER MODIFICATIONS

The 1995 Act

26

The 1995 Act is amended as follows.

27

These provisions are repealed—

28
29

In section 28—

(1ZA) Where— (a) a constable who is not in uniform arrests a person under subsection (1), and (b) the person asks to see the constable's identification, the constable must show identification to the person as soon as reasonably practicable.

,

(3A) If— (a) a person is in custody only by virtue of subsection (1) or (1A), and (b) in the opinion of a constable there are no reasonable grounds for suspecting that the person has broken, or is likely to break, a condition imposed on the person's bail, the person must be released from custody immediately. (3B) An accused is deemed to be brought before a court under subsection (2) or (3) if the accused appears before it by means of a live television link (by virtue of a determination by the court that the person is to do so by such means).

.

30

After section 28 there is inserted—

(28A) (1) Section 7(2) of the Criminal Justice (Scotland) Act 2016 (“the 2016 Act”) does not apply to an accused who has been arrested under section 28(1) of this Act. (2) The following provisions of the 2016 Act apply in relation to a person who is to be brought before a court under section 28(2) or (3) of this Act as they apply in relation to a person who is to be brought before a court in accordance with section 21(2) of the 2016 Act— (a) section 22, (b) section 23, (c) section 24. (3) In relation to a person who is to be brought before a court under section 28(2) or (3) of this Act, the 2016 Act applies as though— (a) in section 23(2)— (i) for paragraph (c) there were substituted— (c) that the person is to be brought before the court under section 28 of the 1995 Act in order for the person's bail to be considered. (ii) paragraph (d) were omitted, (b) in section 24— (i) in subsection (3)(c), for the words “after being officially accused” there were substituted “ after being informed that the person is to be brought before a court under section 28(2) or (3) of the 1995 Act ”, and (ii) in subsection (4), for paragraph (c) there were substituted— (c) that the person is to be brought before the court under section 28 of the 1995 Act in order for the person's bail to be considered. (c) in section 43(1), for paragraph (d) there were substituted— (d) the court before which the person is to be brought under section 28(2) or (3) of the 1995 Act and the date on which the person is to be brought before that court.

.

31

In section 42—

32

In section 74, after paragraph (a) of subsection (2) there is inserted—

(aza) may not be taken against a decision taken by virtue of section 35 of the Criminal Justice (Scotland) Act 2016;

.

33

In section 79—

(ii) a preliminary objection under any of the provisions listed in subsection (3A);

,

(3A) For the purpose of subsection (2)(b)(ii), the provisions are— (a) section 27(4A)(a) or (4B), 90C(2A), 255 or 255A of this Act, (b) section 9(6) of the Antisocial Behaviour etc. (Scotland) Act 2004 or that section as applied by section 234AA(11) of this Act, (c) paragraph 6(5)(b) of schedule 1 to the Criminal Justice (Scotland) Act 2016.

.

34

Before section 261A there is inserted—

(261ZB) Evidence of a statement made by a person in response to questioning carried out in accordance with authorisation granted under section 35 of the Criminal Justice (Scotland) Act 2016 is not inadmissible on account of the statement's being made after the person has been charged with an offence.

.

Other enactments

35

In subsection (2)(a) of section 8A of the Legal Aid (Scotland) Act 1986, for the words “section 15A of the Criminal Procedure (Scotland) Act 1995 (right of suspects to have access to a solicitor)” there is substituted “ section 32 (right to have solicitor present) of the Criminal Justice (Scotland) Act 2016 ”.

36

In section 6D of the Road Traffic Act 1988, for subsection (2A) there is substituted—

(2A) Instead of, or before, arresting a person under this section, a constable may detain the person at or near the place where the preliminary test was, or would have been, administered with a view to imposing on the person there a requirement under section 7.

.

37

In Schedule 8 to the Terrorism Act 2000—

(ab) intimation is to be made under paragraph 16(1) whether the person detained requests that it be made or not, and (ac) section 40 (right of under 18s to have access to other person) of the Criminal Justice (Scotland) Act 2016 applies as if the detained person were a person in police custody for the purposes of that section.

,

(4) For the purposes of sub-paragraph (2)— - “child” means a person under 16 years of age, - “parent” includes guardian and any person who has the care of the child mentioned in sub-paragraph (2).

,

38

In the schedule to the Sexual Offences (Procedure and Evidence) (Scotland) Act 2002, paragraph 2 is repealed.

39

In the Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010, sections 1, 3 and 4 are repealed.

40

In the Children's Hearings (Scotland) Act 2011—

(1) Subsection (2) applies where the Principal Reporter is informed under subsection (2) of section 53 of the Criminal Justice (Scotland) Act 2016 that a child is being kept in a place of safety under subsection (3) of that section.

,

(vii) information under section 53 of the Criminal Justice (Scotland) Act 2016, or

,

(3) If— (a) the determination under section 66(2) is made following the Principal Reporter receiving information under section 53 of the Criminal Justice (Scotland) Act 2016, and (b) at the time the determination is made the child is being kept in a place of safety, the children's hearing must be arranged to take place no later than the third day after the Principal Reporter receives the information mentioned in paragraph (a).

,

41

In section 20 of the Police and Fire Reform (Scotland) Act 2012, subsections (2) and (3) are repealed.

SCHEDULE 3

Cases involving removal of person

Pre-trial time limits

Proceedings on petition

First diets

First diets

Plea of guilty

Maximum term for weapons offences

Maximum term for weapons offences

Sentencing under the 1995 Act

Preliminary pleas in summary cases

Extending certain time limits: solemn

Advocation in solemn proceedings

References by SCCRC

Courts reform: spent provisions

Live television links

Authorisation of persons other than constables

Electronic proceedings

Consequential and transitional

Ancillary regulations

Offence of breaching condition

Sentencing for the offence

Breach by committing offence

Matters for paragraph 3(2)(b)

Matters for paragraph 3(2)(c)

Evidential presumptions

Interpretation

Criminal Procedure (Scotland) Act 1995

Miscellaneous enactments

The 1995 Act

Other enactments

Editorial notes

[^key-b3da21c6b22bcfb69d0bb10b8c4a3706]: S. 84 in force at 10.3.2016 by S.S.I. 2016/95, art. 2 (with art. 3)

[^key-9773b29b9634c539c3449cab4812ca23]: S. 112 in force at 1.7.2016 by S.S.I. 2016/199, art. 2

[^key-cfb074bb05802cf1e123210f27a631ab]: S. 60 in force at 17.1.2017 by S.S.I. 2016/426, art. 2, sch.

[^key-60a1a8c0e17fa23b42a725ef3c9c7f5e]: S. 61 in force at 17.1.2017 by S.S.I. 2016/426, art. 2, sch.

[^key-a509844c9d713d36b7fa15ce68f2cb1a]: S. 62 in force at 17.1.2017 by S.S.I. 2016/426, art. 2, sch.

[^key-9d203465f818065ed07d2e2473b97bb7]: S. 63 in force at 17.1.2017 by S.S.I. 2016/426, art. 2, sch.

[^key-b7a6b01dd6987df7c1828e1195eed4d8]: S. 64 in force at 17.1.2017 by S.S.I. 2016/426, art. 2, sch.

[^key-900fdfb9234887626a5b2f1089ac078c]: S. 78 in force at 17.1.2017 by S.S.I. 2016/426, art. 2, sch. (with art. 3)

[^key-802262684391255cb40b9d29b7a6e317]: S. 82 in force at 17.1.2017 by S.S.I. 2016/426, art. 2, sch.

[^key-bec4671e24b15dc3da92fc1b281059aa]: S. 83 in force at 17.1.2017 by S.S.I. 2016/426, art. 2, sch.

[^key-c3360fcad67baf832aa79da1598e72d4]: S. 87 in force at 17.1.2017 by S.S.I. 2016/426, art. 2, sch.

[^key-699381aa9bafe52b46326e2fa57560d9]: S. 88 in force at 17.1.2017 by S.S.I. 2016/426, art. 2, sch.

[^key-5815a79194c00b9408b30977ec62986f]: S. 89 in force at 17.1.2017 by S.S.I. 2016/426, art. 2, sch.

[^key-6c93824e3f1f61c64574866dc8eb788b]: S. 90 in force at 17.1.2017 by S.S.I. 2016/426, art. 2, sch.

[^key-6aa47ea0af5a160f6063e31f21d27b3e]: S. 91 in force at 17.1.2017 by S.S.I. 2016/426, art. 2, sch.

[^key-35b0c3448ca151b1c6e3d131e2dcff3c]: S. 92 in force at 17.1.2017 by S.S.I. 2016/426, art. 2, sch.

[^key-e680b0d567a92f360db53d89a39bad9d]: S. 93 in force at 17.1.2017 by S.S.I. 2016/426, art. 2, sch.

[^key-cdbd2bda310639d0880cad073da639e3]: S. 94 in force at 17.1.2017 by S.S.I. 2016/426, art. 2, sch.

[^key-d4ab519db5851137abee46b98e1ed4d9]: S. 95 in force at 17.1.2017 by S.S.I. 2016/426, art. 2, sch.

[^key-ef4f02ba72aaeb4c2f1acc62f6136d3f]: S. 96 in force at 17.1.2017 by S.S.I. 2016/426, art. 2, sch.

[^key-f5673b0d6b1bcba815f368c84a284fed]: S. 98 in force at 17.1.2017 by S.S.I. 2016/426, art. 2, sch.

[^key-45e51a3e07c1e7a330e4197beed64dc3]: S. 99 in force at 17.1.2017 by S.S.I. 2016/426, art. 2, sch.

[^key-41f45f8bb66e083d4a25bfed25b503a7]: S. 100 in force at 17.1.2017 by S.S.I. 2016/426, art. 2, sch.

[^key-855b45a93b9cf659b89ffc0d2565d5d5]: S. 101 in force at 17.1.2017 by S.S.I. 2016/426, art. 2, sch.

[^key-e60408b251a8676649105209cfb265a7]: S. 104 in force at 17.1.2017 by S.S.I. 2016/426, art. 2, sch.

[^key-23b7934573b422ec59aa5c1c9f8b4055]: S. 105 in force at 17.1.2017 by S.S.I. 2016/426, art. 2, sch.

[^key-1059f3824eee1404ba7bf9f57ac7140c]: S. 106 in force at 17.1.2017 by S.S.I. 2016/426, art. 2, sch.

[^key-8064dc08a3f4a486ef79b814d8e0a34e]: S. 110(2)(a) in force at 17.1.2017 by S.S.I. 2016/426, art. 2, sch.

[^key-8bd4c20f1097c1ef5ed1515ef2d02dc6]: S. 111(1) in force at 17.1.2017 by S.S.I. 2016/426, art. 2, sch.

[^key-415000a90b0e5327e2c992263f2876a9]: S. 42 modified by 2007 c. 11, s. 87(2B)(d) (as inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 17 para. 9(2))

[^key-c8eed12c8e11071546fd557c727977da]: S. 42 modified by 2007 c. 11, s. 87(2D)(c) (as inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 17 para. 9(2))

[^key-2ab062d0e36dc8164323272fcddf95ea]: S. 42 modified by 2013 c. 22, Sch. 21 para. 42B(5) (as 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))

[^key-e0ca7f6678a20a870e8f90ad3275cbd7]: S. 42 modified by 2013 c. 22, Sch. 21 para. 42D(4) (as 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))

[^key-54000fa274acce376f1e451140d8f234]: S. 65 in force at 11.5.2017 by S.S.I. 2017/99, art. 2(a) (with art. 6)

[^key-a61095d256bf88dd755b3c094444c101]: S. 66 in force at 11.5.2017 by S.S.I. 2017/99, art. 2(b) (with art. 6)

[^key-ed0bf6f034f0d645ac5f6543f892f063]: S. 67 in force at 11.5.2017 by S.S.I. 2017/99, art. 2(c) (with art. 6)

[^key-360998dde9e3b538da752800f60b8b34]: S. 68 in force at 11.5.2017 by S.S.I. 2017/99, art. 2(d) (with art. 6)

[^key-ea1a8f05148a70a76b86727cdb959378]: S. 69 in force at 11.5.2017 by S.S.I. 2017/99, art. 2(e) (with art. 6)

[^key-4e48c6ffa737e477db33c52f8a9beb58]: S. 72 in force at 11.5.2017 by S.S.I. 2017/99, art. 2(f) (with art. 6)

[^key-39a42c4148319e6399873b181a2a27ac]: S. 79 in force at 29.5.2017 for specified purposes by S.S.I. 2017/99, art. 3(1)(2) (with arts. 3(3)(4), 6)

[^key-9462a1052fe9313409a366f21c95a57d]: S. 80 in force at 29.5.2017 for specified purposes by S.S.I. 2017/99, art. 3(1)(2) (with art. 6)

[^key-f7d81b8aec9df07fb9092d684601cb81]: S. 81(1)(2)(5) in force at 29.5.2017 for specified purposes by S.S.I. 2017/99, art. 3(1)(2) (with arts. 3(5), 6)

[^key-ab3bec796f10f27b692b53fe0e188a3b]: S. 81(3)(4) in force at 31.7.2017 by S.S.I. 2017/99, art. 4(1) (with arts. 4(2), 6)

[^key-f65844f4604ba767016538a40a644040]: S. 81(6)(7) in force at 28.8.2017 by S.S.I. 2017/99, art. 5

[^key-bc4182af3669a9af39ca366782e5ecda]: Word in s. 57(5)(g) omitted (17.1.2018) by virtue of The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), arts. 2(1)(b), 10(4)(a) (with art. 10(3))

[^key-c25f91902d5fc714c2573ba8753df38f]: S. 57(5)(ga) inserted (17.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), arts. 2(1)(b), 10(4)(b) (with art. 10(3))

[^key-dcb6edb714f10769d112f25b76c57072]: S. 70(2)(b)(ia)-(ic) inserted (17.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), arts. 2(1)(e), 24(3)

[^key-96dfff545f05eb5d57bf618fbadd079d]: Word in s. 74(4)(b) omitted (17.1.2018) by virtue of The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), arts. 2(1)(b), 11(2)(a)

[^key-f321c0748d3fa1eda153d98bee9d1a90]: S. 74(4)(d)-(i) inserted (17.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), arts. 2(1)(b), 11(2)(b)

[^key-1b8cf2c215cfd18bc237907b685ae490]: S. 76(2)(ea)-(ei) inserted (17.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), arts. 2(1)(b), 11(3)

[^key-44061135f4615a91ff87979299313b76]: Sch. 2 para. 30 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-9fe8269550a094595e0792545c4ca570]: S. 7(2) excluded by 1995 c. 46, s. 28A(1) (as inserted (25.1.2018) by Criminal Justice (Scotland) Act 2016 (asp 1), s. 117(2), sch. 2 para. 30; S.S.I. 2017/345, art. 3, sch.)

[^key-9a4559d2a3ba5a48401147ea9e205d57]: S. 22 applied by 1995 c. 46, s. 28A(2) (as inserted (25.1.2018) by Criminal Justice (Scotland) Act 2016 (asp 1), s. 117(2), sch. 2 para. 30; S.S.I. 2017/345, art. 3, sch.)

[^key-a4992b65f20e8305a2d4b6f8c7ba9869]: S. 23 applied (with modifications) by 1995 c. 46, s. 28A(2)(3) (as inserted (25.1.2018) by Criminal Justice (Scotland) Act 2016 (asp 1), s. 117(2), sch. 2 para. 30; S.S.I. 2017/345, art. 3, sch.)

[^key-d27fa0a330afcc9b22671124ab1c4dcf]: S. 24 applied (with modifications) by 1995 c. 46, s. 28A(2)(3) (as inserted (25.1.2018) by Criminal Justice (Scotland) Act 2016 (asp 1), s. 117(2), sch. 2 para. 30; S.S.I. 2017/345, art. 3, sch.)

[^key-25c8b5dff55eb3c69f4fb0bd71d524b8]: S. 43(1) applied (with modifications) by 1995 c. 46, s. 28A(3) (as inserted (25.1.2018) by Criminal Justice (Scotland) Act 2016 (asp 1), s. 117(2), sch. 2 para. 30; S.S.I. 2017/345, art. 3, sch.)

[^key-581760fb928e8394c21513985c2f6e1f]: Pt. 1 Chs. 1-6 applied (with modifications) (25.1.2018) by The Police Investigations and Review Commissioner (Application and Modification of the Criminal Justice (Scotland) Act 2016) Order 2017 (S.S.I. 2017/465), arts. 1-4

[^key-977130b0c6e412dbeda9b4394b58a51d]: S. 54 applied (with modifications) (25.1.2018) by The Police Investigations and Review Commissioner (Application and Modification of the Criminal Justice (Scotland) Act 2016) Order 2017 (S.S.I. 2017/465), arts. 1-4

[^key-84119cd14947dab8cd67cab113e00c7b]: S. 55 applied (with modifications) (25.1.2018) by The Police Investigations and Review Commissioner (Application and Modification of the Criminal Justice (Scotland) Act 2016) Order 2017 (S.S.I. 2017/465), arts. 1-4

[^key-5d02bbb7d62a86da6e6789b47691c348]: S. 57 applied (with modifications) (25.1.2018) by The Police Investigations and Review Commissioner (Application and Modification of the Criminal Justice (Scotland) Act 2016) Order 2017 (S.S.I. 2017/465), arts. 1-4

[^key-102a37e5984e6fdb44a7a04e7664c23e]: S. 63 applied (with modifications) (25.1.2018) by The Police Investigations and Review Commissioner (Application and Modification of the Criminal Justice (Scotland) Act 2016) Order 2017 (S.S.I. 2017/465), arts. 1-4

[^key-cc0325bd65f184a05037be0deb411ae6]: S. 64 applied (with modifications) (25.1.2018) by The Police Investigations and Review Commissioner (Application and Modification of the Criminal Justice (Scotland) Act 2016) Order 2017 (S.S.I. 2017/465), arts. 1-4

[^key-8514eb46cb3105ea2d7776e0d566cad6]: S. 65 applied (with modifications) (25.1.2018) by The Police Investigations and Review Commissioner (Application and Modification of the Criminal Justice (Scotland) Act 2016) Order 2017 (S.S.I. 2017/465), arts. 1-4

[^key-7db324e88a7e3b2c21a66c48044ab941]: S. 66 applied (with modifications) (25.1.2018) by The Police Investigations and Review Commissioner (Application and Modification of the Criminal Justice (Scotland) Act 2016) Order 2017 (S.S.I. 2017/465), arts. 1-4

[^key-9980d60cc3916cae8cb6c288b631c8db]: S. 68 applied (with modifications) (25.1.2018) by The Police Investigations and Review Commissioner (Application and Modification of the Criminal Justice (Scotland) Act 2016) Order 2017 (S.S.I. 2017/465), arts. 1-4

[^key-5a2f577f960ff8c2f965fc8c63710231]: Pt. 1 applied (with modifications) by 1994 c. 33, s. 137ZA (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 1 para. 4 (with art. 5(2)))

[^key-9d2dd7aec80ba03ffffe7be9b932d698]: Pt. 1 applied (with modifications) by 1987 c. 4, s. 2D (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 2 para. 1 (with art. 6))

[^key-bf5af943e75ae723cdd54d2d3597b53a]: Pt. 2 applied (with modifications) by 1987 c. 4, s. 2D (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 2 para. 1 (with art. 6))

[^key-b3c8d0747727f057b7e3aee44c1e8da6]: Pt. 1 applied (with modifications) by 2003 c. 20, s. 31A (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 2 para. 2 (with art. 6))

[^key-b909ce56d899569b1a5431c309ee66de]: Pt. 2 applied (with modifications) by 2003 c. 20, s. 31A (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 2 para. 2 (with art. 6))

[^key-862b609cbc82e75f778639d0d0f0f0a7]: Pt. 1 applied (with modifications) by 2004 c. 20, s. 56A (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 2 para. 3 (with art. 6))

[^key-68492e91f7332cca5a0ab1be407661fe]: Pt. 2 applied (with modifications) by 2004 c. 20, s. 56A (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 2 para. 3 (with art. 6))

[^key-12fe94943286a01af82a219e0cd4102e]: Pt. 1 Chs. 1-6 applied (with modifications) (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 3 Pt. 2 (with art. 7, Sch. 3 Pts. 5, 6)

[^key-4f268c47387b4fe177f52d14c90b2d6b]: S. 63 applied (with modifications) (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 3 Pt. 2 (with art. 7, Sch. 3 Pts. 5, 6)

[^key-8969e7701c9927035884d21beaeb7407]: S. 65 applied (with modifications) (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 3 Pt. 2 (with art. 7, Sch. 3 Pts. 5, 6)

[^key-f1bbd295943b9217d8f2245f8ab1875b]: S. 66 applied (with modifications) (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 3 Pt. 2 (with art. 7, Sch. 3 Pts. 5, 6)

[^key-17a350f07dde1e6c002854523ef6f8cf]: S. 68 applied (with modifications) (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 3 Pt. 2 (with art. 7, Sch. 3 Pts. 5, 6)

[^key-36d7c453d45fe5213c15feee600ce0b6]: Pt. 1 Chs. 1-6 applied (with modifications) (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 3 Pt. 3 (with art. 7, Sch. 3 Pts. 5, 6)

[^key-d9d94dc42b4a729e69e9b7806b14290c]: S. 63 applied (with modifications) (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 3 Pt. 3 (with art. 7, Sch. 3 Pts. 5, 6)

[^key-164bab4a831ab31373d471549b4cf5c4]: S. 65 applied (with modifications) (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 3 Pt. 3 (with art. 7, Sch. 3 Pts. 5, 6)

[^key-68f9e04bcceed9633cc9c279fff34b04]: S. 66 applied (with modifications) (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 3 Pt. 3 (with art. 7, Sch. 3 Pts. 5, 6)

[^key-10116f26da352de2b76438def161af5b]: S. 68 applied (with modifications) (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 3 Pt. 3 (with art. 7, Sch. 3 Pts. 5, 6)

[^key-eb07face36259de4af82d4cfa1a99926]: Pt. 1 Chs. 1-6 applied (with modifications) (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 3 Pt. 4 (with art. 7, Sch. 3 Pts. 5, 6)

[^key-1f2a5b7c424be9a3c5b0c0c282b9b1b6]: S. 63 applied (with modifications) (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 3 Pt. 4 (with art. 7, Sch. 3 Pts. 5, 6)

[^key-3c0307362535af0769616f8e316b46b8]: S. 65 applied (with modifications) (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 3 Pt. 4 (with art. 7, Sch. 3 Pts. 5, 6)

[^key-518767464092f85e05528a98fd477f9e]: S. 66 applied (with modifications) (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 3 Pt. 4 (with art. 7, Sch. 3 Pts. 5, 6)

[^key-3c9e46a00a814ac370f4e9b0004e6055]: S. 68 applied (with modifications) (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 3 Pt. 4 (with art. 7, Sch. 3 Pts. 5, 6)

[^key-f98f5dfbe6852dce939096fde11425cb]: Pt. 1 applied (with modifications) (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 4 (with art. 8)

[^key-a2178e10611578ebbe536c58125bf414]: S. 1 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 6)

[^key-336160b59196bd83ed9636d7f81d6cae]: S. 2 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-8222db909eff5d4981edb4720c536d82]: S. 3 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-333117843ca098ce31b53cece84084d3]: S. 4 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-8b9142e5cb5008e3197882c115f8179f]: S. 5 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-7c731ff54f937e0557bb86f8c2eb146e]: S. 6 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-7bdf4f753f2c84800b80676af2dd7c9c]: S. 7 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with arts. 4, 6)

[^key-28b10a86711dbb84f01a5f11f7dbf13a]: S. 8 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-9e2da9db4020d06b3ce31906a18b8a07]: S. 9 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-a7aba91be7de596e19fcdb44414b4ca5]: S. 10 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-83e2135e80612000bbf556b49fe03d3d]: S. 11 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-a2fcdf34eccfbd6727ddf28b014b02e9]: S. 12 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-e1ac4fde36fa671015d724ff9b9db3f6]: S. 13 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-1ccf89613dab4c1e23369ce6d543a3bb]: S. 14 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-71ffe9d60ea861539dc7588c9f0a0cb5]: S. 15 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-b92cb80e21b719f99c2be5cfa25dc005]: S. 16 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-dc728170a5eb4b4081790fad40b37873]: S. 17 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-00f4e09dc3d744debe0cc83a3b1c4d9e]: S. 18 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-3b1aa44d806afda94832e2006de0443e]: S. 19 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-da3f3538f60b502a351bb994c7587925]: S. 20 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-46f3e2d471707d8d06361666c80dd43e]: S. 21 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-fdefb2c1cefbe3f8c978e57dbf541547]: S. 22 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-6993ea9afd4fe5d7b8c4d8c60cd0cf85]: S. 23 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-e0740cc0773204c5271c7dd4b8a605a3]: S. 24 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-0045365dfbc5635403270b6f9ae6d83f]: S. 25 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-c06a48c16338539f5bab562b31e223ae]: S. 26 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-8eb699c4c8969c442b29acdedb776c77]: S. 27 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-938c8058b7164c5d70ebd459fe9f2d55]: S. 28 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-fe70311511888da12100c9daca595980]: S. 29 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-01251dd790c640370453e907db96c769]: S. 30 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-f949fb4b2ce6ca3ec000a9f5e912bcee]: S. 31 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with arts. 4, 7)

[^key-819b05ec0b379885b24afbe6069bdddd]: S. 32 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with arts. 4, 7)

[^key-5573a0a73aa028cf56dd08b5ab081dfe]: S. 33 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-8491b89cf6437ff8779e5ba83bf7a714]: S. 34 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-562b1e32a3ac62cabcc4b6cf402c3398]: S. 35 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 8)

[^key-3038379806462ca38e41030644204bb9]: S. 36 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 8)

[^key-4dfd690fd35b991804c0799dcc399fe2]: S. 37 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 8)

[^key-be2ed281cb703ee1d5b3850e79ce4fb8]: S. 38 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-035d807d6b515be0bfe1baa290f6fc64]: S. 39 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-d9c6205d8f60c6bc680dea8463713238]: S. 40 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-7b3b1cb7e6e4c5f0a2ea702d99ad7603]: S. 41 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-3665dc19afc7526c5f213a20bfed3799]: S. 43 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-476e95795800a7ae53db1868cef68ac2]: S. 44 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-373479df0f8c63d07d3f2976f2a484c9]: S. 45 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-0298cd4dd926a01b8191cc00e4694ac5]: S. 46 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-33219640a2e19acde82d0647c5e31876]: S. 47 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-98bc4c1543eb5330dbb38b51cf75e5ec]: S. 48 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-4bd0e2f327541e0de8fd0e2c7317b93d]: S. 49 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-07f703b46bd3c4dd4e6f9f25a5f2298a]: S. 50 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-6a1e3275e55063e339e6736273680638]: S. 51 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-9c855f1b46c51c79c9ff638283003479]: S. 52 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-c169291e6c5659f89d53619471a287bc]: S. 53 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-e3136e8acee5900d699a6e39fa378bc3]: S. 54 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-58a0dd251bbe68cf65cf89f7e86b3e06]: S. 55 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-ac17fda0d544c6f81bd36fac964d9120]: S. 56 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-7caa73288b8908f7fce3f7037b6f2115]: S. 57 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-5e882b5196e1e8a240b8509e7da8f6f8]: S. 58 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-922d8eb8b7416910d7220c1e500dd207]: S. 59 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-2a8e744a604b0abf9bd6b13e185cc76c]: S. 97 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-bbb873e209ffa7102d1acc9f6f0991d4]: S. 109 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 9)

[^key-39408955c88a16bf351a293a886b8404]: S. 110(1)(2)(b) in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 10)

[^key-8df2b673471c6c1fc8414533ab0c7629]: Sch. 1 para. 1 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-ba1502306e8cb030b12df432465b968e]: Sch. 1 para. 2 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-a15e067f6e2e43a34bbb8292184e9219]: Sch. 1 para. 3 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-5c749adcbe1947c651ff1b6562c0b2ff]: Sch. 1 para. 4 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-2d470fd3f3513a82350db8a37d753ab9]: Sch. 1 para. 5 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-e6286fc09c952e3feba60afa3b0ec3e3]: Sch. 1 para. 6 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-68323adacbe32ad2cdcc0f8b8ea1816b]: Sch. 1 para. 7 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-37d4e9d295d22e0be9c5e2ad986f18c7]: Sch. 2 para. 1 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-277c9dbc2b0daceaac3633889d266a62]: Sch. 2 para. 2 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-0afec2848c52b27a0df5f640d2feca3a]: Sch. 2 para. 3 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-1dc27a976274372accbf930375416b6a]: Sch. 2 para. 4 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-5a6e05c2266daaba11d7eb6ac91ffdf1]: Sch. 2 para. 5 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-f42975f8fce9ec42c1d424fece6262c0]: Sch. 2 para. 6 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-1e930a4177c27dc30ae398f3805fcaa8]: Sch. 2 para. 7 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-5631f48cd971c3767aa2eda966224ee9]: Sch. 2 para. 8 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-9ab78f95fd193e1948c6ba7c753ffe5e]: Sch. 2 para. 9 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-a1683413bc6e59bd0c0162c3875488ae]: Sch. 2 para. 10 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-c5b414ea83ae5efd77f010266b1bad02]: Sch. 2 para. 11 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-dbdc4b1fb9ce209e2e838556e98c8143]: Sch. 2 para. 12 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-b210af7b63b37b4cc528535af5914f36]: Sch. 2 para. 13 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-09899f71dbe21c977ead383e0fc820fa]: Sch. 2 para. 14 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-2221309515c40af1e3b9363f5ef7daea]: Sch. 2 para. 15 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-d9a755be310a77b2170a86271796b5ab]: Sch. 2 para. 16 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-fe4a2cda0cd31f687bee6d9c9498a600]: Sch. 2 para. 17 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-88e2f78b5fdc4df8ebc114969b10995a]: Sch. 2 para. 18 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-31da8c2c715c47d52af6c92473b8b513]: Sch. 2 para. 19 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-cdfe804e7e513c0a2a02eb9c729b0cca]: Sch. 2 para. 20 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-25754c42c48276a845639d3b2615331a]: Sch. 2 para. 21 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-efd0e2c2e775fffc32d63743bce865d8]: Sch. 2 para. 22 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-cc29f152a22ad2e3dad0f070a05cf0c0]: Sch. 2 para. 23 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-576c3567cc2033d32a813ed8364104df]: Sch. 2 para. 24 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-0dc0ddc76144f6bc17cae682136a49bc]: Sch. 2 para. 25 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-a88c2d9e1d687ca34e190542f8850f2f]: Sch. 2 para. 26 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-63f6197c721087dba3f8b62c9b32372e]: Sch. 2 para. 27 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with arts. 4, 5, 7)

[^key-3a3e8685f9cbf623f89c3d409f2d3e16]: Sch. 2 para. 28 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-63285c7d555b12aa95aaef3122f423d3]: Sch. 2 para. 29 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-1a2dee735f5fc4a7258cae55256eb5c7]: Sch. 2 para. 31 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-d502c013ec423e0ee792d69710611f5c]: Sch. 2 para. 32 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-39256ec606bfb0b66e0acd563cc2122f]: Sch. 2 para. 33 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-02318d785e62379926e5df79dd2d0f9c]: Sch. 2 para. 34 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-203c7231f1df77c86f5d60b93b7fc960]: Sch. 2 para. 35 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-c301912bd4b4504387314a480813cc27]: Sch. 2 para. 36 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-5ddcbdd82359b2e586ffd32f155e4d73]: Sch. 2 para. 37 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-c4bd7dd6bfecd357bde86144da9969d5]: Sch. 2 para. 38 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-94bf05690bdf2618d8936e36a6cb46c9]: Sch. 2 para. 39 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-201ca05a76fd5f810cbf8002f233e283]: Sch. 2 para. 40 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-76cbb9300f70155d09ffede78a94e00c]: Sch. 2 para. 41 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

[^key-ba1165ab7f8e63d39f427b4f88d418f6]: Ss. 57A-57C and cross-heading inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Modification of Part 1 and Ancillary Provision) Regulations 2017 (S.S.I. 2017/453), regs. 1, 2(7)

[^key-54978e6d1ad02fa3598067414f81ee70]: S. 57D inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 5 para. 2

[^key-561f3b8f76063361d0368958ac5b3fe3]: S. 57B applied (with modifications) (25.1.2018) by The Police Investigations and Review Commissioner (Application and Modification of the Criminal Justice (Scotland) Act 2016) Order 2017 (S.S.I. 2017/465), arts. 1-4

[^key-9ebc8cd512e024117e573e59c49c9e1e]: S. 57C applied (with modifications) (25.1.2018) by The Police Investigations and Review Commissioner (Application and Modification of the Criminal Justice (Scotland) Act 2016) Order 2017 (S.S.I. 2017/465), arts. 1-4

[^key-9186faccfb3c872bd7b9d0116b4f4503]: Words in s. 3(b) inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Modification of Part 1 and Ancillary Provision) Regulations 2017 (S.S.I. 2017/453), regs. 1, 2(2)

[^key-8a72c05ea1cd9be521db7646e64799f5]: S. 4(1A) inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Modification of Part 1 and Ancillary Provision) Regulations 2017 (S.S.I. 2017/453), regs. 1, 2(3)(a)

[^key-e47fbe2fcf9388cf4eed281a3c745664]: Words in s. 4(2)(a) inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Modification of Part 1 and Ancillary Provision) Regulations 2017 (S.S.I. 2017/453), regs. 1, 2(3)(b)

[^key-297dbe9eabf87bd0ea2a1337a26bf016]: S. 6(1)(b) substituted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Modification of Part 1 and Ancillary Provision) Regulations 2017 (S.S.I. 2017/453), regs. 1, 2(4)

[^key-f40750bb05718ec25f86e9132807a8b0]: Words in s. 7(1)(a) inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Modification of Part 1 and Ancillary Provision) Regulations 2017 (S.S.I. 2017/453), regs. 1, 2(5)

[^key-b4810a0a97ac2fe203a68bef1a900a0a]: Words in s. 21(1)(a) substituted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Modification of Part 1 and Ancillary Provision) Regulations 2017 (S.S.I. 2017/453), regs. 1, 2(6)(a)

[^key-235ceed6453348a1a9d21b170768df94]: Words in s. 21(1)(b) inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Modification of Part 1 and Ancillary Provision) Regulations 2017 (S.S.I. 2017/453), regs. 1, 2(6)(b)

[^key-e309e2eed67ced3c5b40207372fbc369]: S. 58(2A) inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), arts. 2(2)(e), 24(2)

[^key-f6d11ff2db15c27926d83971f6513b13]: S. 64(2)(ca)(cb) inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Modification of Part 1 and Ancillary Provision) Regulations 2017 (S.S.I. 2017/453), regs. 1, 2(8)

[^key-06af2b9f6c802dae4a484911441ed6e0]: S. 3 applied (with modifications) by 1994 c. 33, s. 137D(3)(a), Sch. 7B Pt. 2 (as inserted (31.1.2017 for specified purposes, 1.3.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 116(1)(3), 183(1)(5)(e), Sch. 16; S.I. 2018/227, art. 2(f))

[^key-ed84b8dae486156f166f71d9f970eff8]: S. 51 applied (with modifications) by 1994 c. 33, s. 137D(3)(c), Sch. 7B Pt. 2 (as inserted (31.1.2017 for specified purposes, 1.3.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 116(1)(3), 183(1)(5)(e), Sch. 16; S.I. 2018/227, art. 2(f))

[^key-323b166c830320c2bd4c31aa26553015]: S. 52 applied (with modifications) by 1994 c. 33, s. 137D(3)(d), Sch. 7B Pt. 2 (as inserted (31.1.2017 for specified purposes, 1.3.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 116(1)(3), 183(1)(5)(e), Sch. 16; S.I. 2018/227, art. 2(f))

[^key-6c0c0575ee4abd65e136a0edcc313e29]: Pt. 1 Ch. 5 applied (with modifications) by 1994 c. 33, s. 137D(3)(b) Sch. 7B Pt. 2 (as inserted (31.1.2017 for specified purposes, 1.3.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 116(1)(3), 183(1)(5)(e), Sch. 16; S.I. 2018/227, art. 2(f))

[^key-ede2a732830c77b25e2010ea0ccb4515]: S. 40 applied (12.2.2019 for specified purposes) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(1)(g), Sch. 3 para. 40(2)(c) (with s. 25(9))

[^M_C_01f2723f-3f74-4173-f0a0-d22d5717ea68]: Sch. 2 para. 37: amendments made to 2000 c. 11, Sch. 8 extended to E.W.N.I. (17.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), arts. 2(1)(d), 18

[^key-e913eefaca604bb976f949ca7ba8f2c5]: S. 108 repealed (5.5.2025) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), s. 38(3), sch. para. 29(2); S.S.I. 2025/115, reg. 2(1)(f)

[^key-fe86ad326b481bee8f328b1b2271f7bd]: S. 107 repealed (5.5.2025) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), s. 38(3), sch. para. 29(2); S.S.I. 2025/115, reg. 2(1)(f)

Exercise of the power

Modifications to Part as it applies in certain cases

57A

this Part applies subject to the modifications set out in section 57C.

57B
57C

(d) if there is a requirement to bring the person before a court in accordance with an enactment, rule of law or a term of the warrant under which the person was arrested— (i) whether the person is to be released from custody, and (ii) where the person is not to be released, the court before which the person is to be brought in accordance with the requirement and the date on which the person is to be brought before that court.

57D

(2) This subsection applies to a person who is in police custody having been arrested under an extradition arrest power (within the meaning of section 174(2) of the Extradition Act 2003).

, and

(3) In subsection (1), “the relevant offence” means the offence that would have been committed were the act constituting the relevant offence (within the meaning of section 164(3) of the Extradition Act 2003) done in Scotland.

Duty of parties to communicate

Preliminary hearings

Sentencing under the 1993 Act

Preliminary pleas in summary cases

Preliminary diets in solemn cases

Meaning of appropriate adult support

Consequential and transitional

Meaning of “the 1995 Act”