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Criminal Justice (Scotland) Act 1987 in Northern Ireland

1987 c. 41 · Enacted 15 May 1987 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 31 January 2013.

An Act to make provision for Scotland as regards the recovery of the proceeds of drug trafficking; to make further provision as regards criminal justice in Scotland; and for connected purposes.

[15th May 1987]

I1Be it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations to the whole text

Commencement

I1

Act partly in force at Royal Assent see s. 72(2); Act wholly in force at 12. 10. 1988.

Contents

  1. Administrators
  2. Sequestration etc. of estate comprising realisable property
  3. Forfeiture of property where accused has died
  4. Offences
  5. Part II: Miscellaneous
  6. 50Detention in connection with certain drug smuggling offences.
  7. Investigation of serious or complex fraud
  8. 51Lord Advocate’s direction. Repealed
  9. 52Powers of investigation. Repealed
  10. 53Offences in relation to investigations under section 52. Repealed
  11. Conditional offer by procurator fiscal
  12. 56Conditional offer of fixed penalty by procurator fiscal.
  13. Detention of children
  14. 59Detention of children in summary proceedings.
  15. 69Interpretation.
  16. 70Amendments and repeals.
  17. The Juries Act 1949 (c. 27)
  18. 1Paragraph 1
  19. The Judicial Offices (Salaries etc.) Act 1952 (c. 12)
  20. 2Paragraph 2
  21. 3Paragraph 3 Repealed
  22. The Criminal Procedure (Scotland) Act 1975 (c. 21)
  23. The Criminal Justice (Scotland) Act 1980 (c. 62)
  24. The Contempt of Court Act 1981 (c. 49)
  25. Schedule 2Repeals

50Detention in connection with certain drug smuggling offences.

(1)

Where an officer has reasonable grounds for suspecting—

(a)

that a person has committed or is committing a relevant offence; and

(b)

that, in connection with the commission of such an offence, a controlled drug is secreted in the person’s body,

a superior officer may, notwithstanding that the person has been or is being detained in pursuance of any other enactment or subordinate instrument, authorise the detention of the person at a customs office or other premises in accordance with this section.

(2)

Subject to subsection (7) below, where a person is detained under subsection (1) above or is further detained in pursuance of a warrant under subsection (4) below he shall—

(a)

provide such specimens of blood or urine for analysis;

(b)

submit to such intimate searches, to be carried out by a registered medical practitioner;

(c)

submit to such other tests or examination prescribed by the Secretary of State by regulations made under this paragraph to be carried out by, or under the supervision of, a registered medical practitioner,

as the officer may reasonably require; and regulations under paragraph (c) above shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(3)

Subject to subsection (4) below, detention under subsection (1) above shall be terminated not more than 24 hours after it begins, or (if earlier)—

(a)

when the person is arrested;

(b)

when he is detained in pursuance of any other enactment or subordinate instrument; or

(c)

where there are no longer such grounds as are mentioned in subsection (1),

and, when a person has been detained under subsection (1), he shall, unless further detained in pursuance of a warrant under subsection (4) below, be informed immediately upon the termination of his detention in accordance with this subsection that his detention has been terminated.

(4)

Where a person is detained under subsection (1) above and either—

(a)

he has failed or refused—

(i)

to provide a specimen in pursuance of paragraph (a) of subsection (2) above; or

(ii)

to submit to any search, test or examination referred to in paragraph (b) or (c) of that subsection; or

(b)

as a result of anything done in pursuance of the said subsection (2) the officer continues to have reasonable grounds for suspecting—

(i)

that the person has committed or is committing a relevant offence; and

(ii)

that a controlled drug is secreted in the person’s body,

the procurator fiscal may, at the request of a superior officer, apply to the sheriff for a warrant for the further detention of the person at a customs office or other premises for an additional period of not more than 7 days; and if the sheriff is satisfied that there has been such failure or refusal as is mentioned in paragraph (a) above or, as the case may be, that there are reasonable grounds as mentioned in paragraph (b) above he may grant a warrant for such further detention.

(5)

Detention in pursuance of a warrant under subsection (4) above shall be terminated at the end of the period of 7 days mentioned in that subsection or (if earlier)—

(a)

when the person is arrested;

(b)

when he is detained in pursuance of any other enactment or subordinate instrument; or

(c)

where there are no longer such grounds as are mentioned in paragraph (b) of that subsection,

and when a person has been detained in pursuance of a warrant under subsection (4), he shall be informed immediately on the termination of his detention in accordance with this subsection that his detention has been terminated.

(6)

Subject to subsection (7) below, the question whether it is to be a specimen of blood or a specimen of urine which is to be provided in pursuance of subsection (2) above shall be decided by the officer making the requirement.

(7)

A person may be required, in pursuance of subsection (2) above—

(a)

to provide a specimen of blood; or

(b)

to submit to any search, test or examination,

only if a registered medical practitioner is of the opinion that there are no medical reasons for not making such a requirement; and, if a requirement to provide a specimen of blood is made, the specimen may be taken only by a registered medical practitioner.

(8)

Subsections (3), (5), (6) and (8) of section 48 of this Act shall apply in respect of a person detained under this section as they apply in respect of a person detained under the said section 48; and, except as regards a requirement under subsection (2) above, an officer may use reasonable force in exercising any power conferred by this section.

(9)

Section 49 of this Act shall, subject to the following modifications, apply in respect of a person detained under this section as it applies to a person detained under section 48 of this Act—

(a)

any delay in informing a solicitor and one other person of such detention as is mentioned in subsection (1) of the said section 49 shall not extend longer than the period of 24 hours from the start of the detention, and shall only be permitted on the authorisation of a superior officer;

(b)

the person detained shall be entitled to consult a solicitor at any time without delay, and he shall be informed of such entitlement at the commencement of the detention; but, if a superior officer considers it necessary in the interest of the investigation or the prevention of a crime or the apprehension of offenders, he may authorise a delay not extending longer than the period of 24 hours from the start of the detention; and

(c)

paragraph (a) of subsection (2) of the said section 49 shall cease to apply at the end of the period of 24 hours from the start of the detention,

but any delay authorised by virtue of this subsection shall be for no longer than is necessary in the interest of the investigation or the prevention of crime or the apprehension of offenders.

(10)

Without prejudice to section 20(2) of the M1Interpretation Act 1978, the references in section 48(5) of this Act to section 49(1) of this Act shall be construed as including references to subsection (9) above; and the requirement to record certain matters under the said section 48(5) shall include a requirement to record the time when a person detained makes a request to consult a solicitor and the time when the solicitor is contacted for the purpose of arranging a consultation.

(11)

In this section—

  • “intimate search” means a search which consists of the physical examination of a person’s body orifices;

  • “relevant offence” means an offence involving a controlled drug under any of the following provisions of the M2Customs and Excise Management Act 1979—

(a)

section 50(2) or (3) (importation etc. of prohibited goods);

(b)

section 68(2) (exportation etc. of prohibited goods);

(c)

section 170(1) (possessing or dealing with prohibited goods);

(d)

section 170(2) (being concerned in evasion or attempt at evasion of a prohibition);

  • “superior officer” means an officer of the graded of senior executive officer or above.

51Lord Advocate’s direction.F1

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52Powers of investigation.F1

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53Offences in relation to investigations under section 52.F1

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56Conditional offer of fixed penalty by procurator fiscal.E1F1 E+W+N.I.

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(6)

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(7)

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(7A)

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(8)

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(9)

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(10)

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(11)

The Secretary of State may, by order made by statutory instrument subject to annulment in persuance of a resolution of either House of Parliament, make such provision as he considers necessary for the enforcement in England and Wales or Northern Ireland of any penalty (treated, in pursuance of subsection (8) above, as a fine). which is transferred as a fine to a court in England and Wales or, as the case may be, Northern Ireland.

59Detention of children in summary proceedings.F1 E+W+N.I.

(1)

For section 413 of the 1975 Act (committal for residential training) there shall be substitute the following new section—

“ Detention of children.

413
(1)

Where a child appears before the sheriff in summary proceedings and pleads guilty to, or is found guilty of, an offence to which this section applies, the sheriff may order that he be detained in residential care by the appropriate local authority for such period, not exceeding one year, as the sheriff may determine in such place (in any part of the United Kingdom) as the local authority may, from time to time, consider appropriate.

(2)

This section applies to any offence in respect of which it is competent to impose imprisonment on a person of the age of 21 years or more.

(3)

In this section—

  • “the appropriate local authority” means—

(a)

where the child usually resides in Scotland, the regional or islands council for the area in which he usually resides;

(b)

in any other case, the regional or islands council for the area in which the offence was committed;

  • “care” shall be construed in accordance with section 32(3) of the 1968 Act, and the provisions of that Act specified in section 44(5) of that Act shall apply in respect of a child who is detained in residential care in pursuance of this section as they apply in respect of a child who is subject to a supervision requirement;

  • “the 1968 Act”means the Social Work (Scotland) Act 1968.

(4)

Where a child in respect of whom an order is made under this section is also subject to a supervision requirement within the meaning of the 1968 Act, subject to subsection (6) below, the supervision requirement shall be of no effect during any period for which he is required to be detained under the order.

(5)

The Secretary of State may, by regulations made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament, make such provision as he considers necessary as regards the detention in secure accommodation (within the meaning of the 1968 Act) of children in respect of whom orders have been made under this section.

(6)

Section 20A of the 1968 Act (review of children in care) shall apply to a child detained in residential care in pursuance of an order under this section as if the references to care in that section were references to care within the meaning of this section; and, without prejudice to their duty to do so by virtue of the said section 20A, the local authority may, at any time, review the case of such a child and may, in consequence of such a review and after having regard to the best interests of the child and the need to protect members of the public, release the child—

(a)

for such period and on such conditions as they consider appropriate; or

(b)

unconditionally,

and where a child who is released unconditionally is subject to a supervision requirement within the meaning of the 1968 Act, the effect of the supervision requirement shall, in the case of a supervision requirement imposed during the period of detention, commence or, in any other case, resume upon such release.

(7)

Where a local authority consider it appropriate that a child in respect of whom an order has been made under subsection (1) above should be detained in a place in any part of the United Kingdom outside Scotland, the order shall be a like authority as in Scotland to the person in charge of the place to restrict the child’s liberty to such an extent as that person may consider appropriate having regard to the terms of the order.”.

(2)

In section 463 of the 1975 Act—

(a)

in subsection (1)(b) for the words “and 390” there shall be substituted the words “, 390 and 413”; and

(b)

in subsection (1A) for the words “and 374” there shall be substituted the words “, 374 and 413”.

(3)

Notwithstanding the repeal by this Act of section 58A of the M1Children and Young Persons (Scotland) Act 1937, any child who, before the commencement of this section, has been ordered to be detained pursuant to the directions of the Secretary of State under section 413 of the 1975 Act—

(a)

shall, while so detained after such commencement, continue to be deemed to be in legal custody; and

(b)

may at any time be released conditionally or unconditionally by the Secretary of State, and any such child conditionally released shall be liable to recall on the directions of the Secretary of State and if he fails to comply with any conditions of his release he may be apprehended without warrant and taken to the place from which he was released.

69Interpretation.

In this Act—

  • “controlled drug” has the meaning assigned by section 2 of the M1Misuse of Drugs Act 1971; and

  • “the 1975 Act” means the M2Criminal Procedure (Scotland) Act 1975;

and provision for the construction of the expressions “administrator”, “associate”, “authorised government department”, “confiscation order”, “drug trafficking”, “implicative gift”, “realisable property”, “restraint order” and “the 1985 Act” is made by section 47(1) of this Act.

70Amendments and repeals.

(1)

The enactments mentioned in Schedule 1 to this Act shall have effect subject to the amendments respectively specified in that Schedule, being minor amendments and amendments consequential on the provisions of this Act.

(2)

The enactments set out in columns 1 and 2 of Schedule 2 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

1

In paragraph (b) of section 2(1), for the words “on circuit” there shall be substituted the words “other than at Edinburgh”.

2

In section 2(1), for the words “circuit court expenses” there shall be substituted the words “expenses in connection with sittings of the High Court of Justiciary outwith Edinburgh”.

3

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Schedule 2Repeals

ChapterShort titleExtent of repeal
8 Anne c. 16.The Circuit Courts (Scotland) Act 1709.The whole Act.
20 Geo. 2 c. 43.The Heritable Jurisdiction (Scotland) Act 1746.Sections 32 to 34.
Sections 36 and 37.
Section 40
9 Geo. 4 c. 29.The Circuit Courts (Scotland) Act 1828.Section 15.
Section 24.
11 & 12 Vict. c. 79.The Justiciary (Scotland) Act 1848.Section 5.
61 & 62 Vict. c. 40The Circuit Clerks (Scotland) Act 1898.The whole Act.
1 Edw 8 and 1 Geo 6. c. 37.The Children and Young Persons (Scotland) Act 1937.Section 58A.
1968 c. 49.The Social Work (Scotland) Act 1968.In Schedule 2, paragraph 16.
1972 c. 20.The Road Traffic Act 1972.In Schedule 4, Part I in the entry relating to section 1, the words “or, in the case of a conviction by a court in Scotland other than the High Court of Justiciary, 2 years.”.
1974 c. 50.The Road Traffic Act 1974.In Schedule 3, paragraph 10(4).
1975 c. 21.The Criminal Procedure (Scotland) Act 1975.In section 5(1), the words “, whether that court is the High Court or the sheriff court”.
Sections 87 and 88.
In section 113, subsection (3) and in the proviso to subsection (4) the words, “in Edinburgh or on circuit”.
Sections 115 to 119.
Section 193B.
In section 263(2) the words “or on any point arising on the case,”.
Section 289B(3) and (4).
In section 289D, in subsection (1A), paragraphs (f) and (g); subsections (2) and (3); and in subsections (2) and (3); and in subsection (4) the words “or (2)”:
Section 300(5).
1976 c.67.The Sexual Offences (Scotland) Act 1976.In section 2D(5), in paragraph (a) the words “in the High Court of Justiciary”; and paragraph (b).
1978 c. 49.The Community Service by Offenders (Scotland) Act 1978.In section 7, paragraph (c).
1985 c. 73.The Law Reform (Miscellaneous Provisions) (Scotland) Act 1985.Section 39.
1986 c. 32.The Drug Trafficking Offences Act 1986.In each of sections 13(1), 15(2), 16(2) and 17(2) the words “or on the Court of Session by sections 20 to 22 of this Act”.
Sections 20 to 23.
In section 27, in subsection (1), the words “or, in Scotland, the procurator fiscal” and “or, in Scotland, the sheriff”; in each of subsections (2) and (3) the words “or, as the case may be, the sheriff”; in subsection (5), the words “or, in Scotland, the procurator fiscal”; and in subsection (6), the words “or, as respects Scotland, rules of court”.
In section 28, in subsection (1), the words “or, in Scotland, the procurator fiscal” and “or, in Scotland, the sheriff,”; and in subsection (2), the words “or, as the case may be, the sheriff”.
Section 29(3).
In section 33(2), the word “or” at the end of paragraph (b).
In section 40(4), paragraph (a); in paragraph (b), the references to section 7(3), to section 8(8) and (9), to section 13, to section 24(3)(a) and to sections 27 to 29; and paragraph (c).