{
  "url": "https://openlegislation.uk/criminal-justice-scotland-act-2016/section-22",
  "json_url": "https://openlegislation.uk/criminal-justice-scotland-act-2016/section-22.json",
  "legislation": "asp/2016/1",
  "legislation_title": "Criminal Justice (Scotland) Act 2016",
  "legislation_url": "https://openlegislation.uk/criminal-justice-scotland-act-2016",
  "path": "section/22",
  "kind": "section",
  "number": "22",
  "heading": "Under 18s to be kept in place of safety prior to court",
  "text": "(1) Subsection (2) applies when—\n(a) a person is to be brought before a court in accordance with section 21(2), and\n(b) a constable believes the person is under 18 years of age.\n(2) The person must (unless released from custody under section 25) be kept in a place of safety until the person can be brought before the court.\n(3) The place of safety in which the person is kept must not be a police station unless an appropriate constable certifies that keeping the person in a place of safety other than a police station would be—\n(a) impracticable,\n(b) unsafe, or\n(c) inadvisable due to the person's state of health (physical or mental).\n(4) A certificate under subsection (3) must be produced to the court when the person is brought before it.\n(5) In this section—\n“an appropriate constable” means a constable of the rank of inspector or above,\n“place of safety” has the meaning given in section 202(1) of the Children's Hearings (Scotland) Act 2011.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "S. 22(1)(b) substituted (30.3.2026) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 15(2), 38(3); S.S.I. 2025/379, reg. 2(2)(c)"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "S. 22 applied by 1995 c. 46, s. 28A(2) (as inserted (25.1.2018) by Criminal Justice (Scotland) Act 2016 (asp 1), s. 117(2), sch. 2 para. 30; S.S.I. 2017/345, art. 3, sch.)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "S. 22 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2016/1/section/22",
    "retrieved_at": "2026-10-29T20:13:41.878642+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}