Counter-Terrorism and Border Security Act 2019

Rights: Scotland

37 (1) A detainee who is detained at a place in Scotland is entitled to have intimation of the detention and of the place sent without delay to a solicitor and to another person named by the detainee.

(2) The person named must be—

(a) a friend of the detainee,

(b) a relative, or

(c) a person who is known to the detainee or who is likely to take an interest in the detainee’s welfare.

(3) A detainee who is transferred from one place to another is entitled to exercise the right under sub-paragraph (1) in respect of the place to which the detainee is transferred.

(4) A police officer not below 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 39(4) or where paragraph 39(5) applies.

(5) Where a detainee requests that the intimation be made, the time when the request—

(a) is made, and

(b) is complied with,

must be recorded.

(6) A person detained as mentioned in sub-paragraph (1) is entitled to consult a solicitor at any time, without delay.

(7) A police officer not below 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 39(4) or where paragraph 39(5) applies.

(8) The consultation must be held in private.

(9) A detainee must be informed of the rights under sub-paragraphs (1) and (6) on first being detained.