# The Criminal Justice (Scotland) Act 2016 (Commencement No. 5, Transitional and Saving Provisions) Order 2017, Article 2: Interpretation


(1) In this Order—
“constable” means—
(a) a constable within the meaning given by section 62 of the 2016 Act; and
(b) a member of the staff of the Police Investigations and Review Commissioner designated under paragraph 7B of schedule 4 of the Police, Public Order and Criminal Justice (Scotland) Act 2006—
(i) to take charge of any investigation on behalf of the Commissioner; or
(ii) to assist a member of the Commissioner’s staff designated to take charge of such an investigation.
“detained” means detained under section 14 of the 1995 Act, and “detention” is to be construed accordingly;
“the 1995 Act” means the Criminal Procedure (Scotland) Act 1995;
“the 2016 Act” means the Criminal Justice (Scotland) Act 2016;
“the appointed day” means the day appointed by article 3.
(2) For the purposes of this Order, a person is in police custody from the time the person is arrested or detained by a constable until any one of the events mentioned in paragraph (3) occurs.
(3) The events are—
(a) the person is released from custody;
(b) the person is brought before a court in accordance with any enactment or rule of law or the terms of any warrant;
(c) the Principal Reporter makes a direction under section 65(2)(b) of the Children’s Hearings (Scotland) Act 2011 that the person continue to be kept in a place of safety.

---
Source: https://www.legislation.gov.uk/ssi/2017/345/article/2 (the official version)
Page: https://openlegislation.uk/criminal-justice-scotland-act-2016-commencement-no-5-transitional-and-saving-provisions-order-2017/article-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.