SCHEDULES

C1SCHEDULE 3Border security

Annotations:
Modifications etc. (not altering text)
C1

Sch. 3 modified by S.I. 1993/1813, Sch. 4 para. 7 (as inserted (12.2.2019 for specified purposes; 13.8.2020 in so far as not already in force) by Counter Terrorism and Border Security Act 2019 (c. 3), s. 27(1)(g), Sch. 3 para. 63(1) (with s. 25(9), Sch. 3 para. 63(2)); S.I. 2020/792, reg. 2(g))

C1PART 2Detention

Rights: Scotland

I1I2C140

1

Paragraphs 37 to 39 have effect in relation to a detainee in place of any enactment or rule of law under or by virtue of which a person arrested or detained may be entitled to communicate or consult with any other person.

2

But where the detainee appears to a constable to be a child—

a

the other person named by the detainee in pursuance of paragraph 37(1) must be the detainee's parent,

b

intimation is to be made under paragraph 37(1) whether the detainee requests that it be made or not, and

c

section 40 of the Criminal Justice (Scotland) Act 2016 (right of under 18s to have access to other person) applies as if the detainee were a person in police custody for the purposes of that section.

3

In relation to a detainee who is detained at a place other than a police station, sub-paragraph (2) applies as if references to a constable included an examining officer.

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.