Part 3Public service reform

Custody at police stations

I140Custody officers’ functions

1

The Criminal Justice and Public Order Act 1994 is modified by subsection (2).

2

In—

a

section 102(2) (arrangements for the provision of prisoner escorts), after paragraph (b) insert—

ba

the custody of prisoners held in a police station and their production, by electronic means from the station, before a court;

b

section 104(4) (powers and duties of prisoner custody officers performing escort functions), for “on any premises” to “he” substitute “—

a

on any premises in which a court of summary jurisdiction is sitting; or

b

in a police station and has the custody of a prisoner who is, from the station, before a court of summary jurisdiction by electronic means,

the officer

3

The Police and Fire Reform (Scotland) Act 2012 is modified by subsection (4).

4

In schedule 2 (police custody and security officers: powers and duties), after paragraph 1(b) insert—

ba

to have custody of persons held in legal custody in a police station for the purpose of effecting their production, by electronic means from the station, before a court,

5

The Criminal Justice (Scotland) Act 2016 is modified by subsection (6).

6

In section 64 (meaning of police custody), after subsection (2) insert—

3

A person who is at a police station in the custody of a prisoner custody officer is not to be regarded as having been transferred into the custody of that officer for the purposes of subsection (2)(cb).

4

In subsection (3), “prisoner custody officer” has the meaning given in section 114(1) of the Criminal Justice and Public Order Act 1994.

7

The Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 is modified by subsection (8).

8

In section 2(5)(b) (mandatory inquiries), after “2016” insert “, or otherwise in custody at a police station”.