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


Column 1
Column 2
Provisions of the 2016 Act
Subject matter
Section 1
Power of arrest
Section 2
Exercise of the power
Section 3
Information to be given on arrest
Section 4
Arrested person to be taken to police station
Section 5
Information to be given at police station
Section 6
Information to be recorded by police
Section 7
Authorisation for keeping in custody
Section 8
Information to be given on authorisation
Section 9
12 hour limit: general rule
Section 10
12 hour limit: previous period
Section 11
Authorisation for keeping in custody beyond 12 hour limit
Section 12
Information to be given on authorisation under section 11
Section 13
Custody review
Section 14
Test for sections 7, 11 and 13
Section 15
Medical treatment
Section 16 and schedule 1
Release on conditions
Section 17
Conditions ceasing to apply
Section 18
Modification or removal of conditions
Section 19
Review of conditions
Section 20
Information to be given if sexual offence
Section 21
Person to be brought before court
Section 22
Under 18s to be kept in place of safety
Section 23
Notice to parent that under 18 to be brought before court
Section 24
Notice to local authority
Section 25
Liberation by police
Section 26
Release on undertaking
Section 27
Modification of undertaking
Section 28
Rescission of undertaking
Section 29
Expiry of undertaking
Section 30
Review of undertaking
Section 31
Information to be given before interview
Section 32
Right to have solicitor present
Section 33
Consent to interview without solicitor
Section 34
Questioning following arrest
Section 35
Authorisation for post-charge questioning
Section 36
Authorisation: further provision
Section 37
Arrest to facilitate questioning
Section 38
Right to have intimation sent to other person
Section 39
Right to have intimation sent: under 18s
Section 40
Right of under 18s to have access to other person
Section 41
Social work involvement in relation to under 18s
Section 43
Right to have intimation sent to solicitor
Section 44
Right to consultation with solicitor
Section 45
Use of reasonable force
Section 46
Common law power of entry
Section 47
Common law power of search etc.
Section 48
Power of search etc. on arrest
Section 49
Taking drunk persons to designated place
Section 50
Duty not to detain unnecessarily
Section 51
Duty to consider child’s wellbeing
Section 52
Duties in relation to children in custody
Section 53
Duty to inform Principal Reporter
Section 54
Abolition of pre-enactment powers of arrest
Section 55
Abolition of requirement to charge
Section 56 and schedule 2
Consequential modification
Section 57
Code of practice about investigative functions
Section 58
Disapplication in relation to service offences
Section 59
Disapplication in relation to terrorism offences
Section 97
Publication of prosecutorial test
Section 109
Statements by accused
Section 110(1) and (2)(b)
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Source: https://www.legislation.gov.uk/ssi/2017/345/schedule (the official version)
Page: https://openlegislation.uk/criminal-justice-scotland-act-2016-commencement-no-5-transitional-and-saving-provisions-order-2017/schedule
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

