SCHEDULES

SCHEDULE 3Border security

PART 2Detention

37Rights: Scotland

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.