# The Criminal Justice (Scotland) Act 2016 (Commencement No. 5, Transitional and Saving Provisions) Order 2017, Article 4: Persons arrested or detained before appointed day- transitional and saving provisions


(1) This article applies in relation to a person who is arrested or detained by a constable before the appointed day, and remains in police custody at the beginning of the appointed day following that arrest or detention.
(2) Sections 3 to 34, 38 to 41, 43, 44 and 55 of the 2016 Act do not apply in relation to any matter arising from that arrest or detention.
(3) Despite the coming into force of schedule 2 paragraphs 4, 27, 28, 31, 35, 36, 37, 39 and 40 of the 2016 Act in accordance with article 3, the following provisions continue to have effect on and after the appointed day as they did immediately before that day in relation to any matter arising from that arrest or detention:—
(a) section 4 of the Trespass (Scotland) Act 1865;
(b) section 8A(2)(a) of the Legal Aid (Scotland) Act 1986;
(c) section 6D(2A) of the Road Traffic Act 1988;
(d) sections 14 to 15A, 17, 17A, 18, 18B, 18D, 19AA, 22, 22ZA, 22ZB, 42(3), (7) and (8), 43 and 135(3) of the 1995 Act;
(e) schedule 8 paragraphs 18, 20(1) and 27 of the Terrorism Act 2000;
(f) sections 65, 66, 68, 69 and 72 of the Children’s Hearings (Scotland) Act 2011.
(4) Despite the coming into force of section 54 of the 2016 Act in accordance with article 3, the power of a constable at common law to arrest a person to whom this article applies in respect of an offence while the person remains in police custody following the arrest or detention referred to in paragraph (1) continues to have effect on and after the appointed day.
(5) But the power referred to in paragraph (4) continues to have effect only for the purpose of immediately charging the person with an offence.

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Source: https://www.legislation.gov.uk/ssi/2017/345/article/4 (the official version)
Page: https://openlegislation.uk/criminal-justice-scotland-act-2016-commencement-no-5-transitional-and-saving-provisions-order-2017/article-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.