# Criminal Justice (Scotland) Act 2016, Section 22: Under 18s to be kept in place of safety prior to court


(1) Subsection (2) applies when—
(a) a person is to be brought before a court in accordance with section 21(2), and
(b) a constable believes the person is under 18 years of age.
(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.
(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—
(a) impracticable,
(b) unsafe, or
(c) inadvisable due to the person's state of health (physical or mental).
(4) A certificate under subsection (3) must be produced to the court when the person is brought before it.
(5) In this section—
“an appropriate constable” means a constable of the rank of inspector or above,
“place of safety” has the meaning given in section 202(1) of the Children's Hearings (Scotland) Act 2011.

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Source: https://www.legislation.gov.uk/asp/2016/1/section/22 (the official version)
Page: https://openlegislation.uk/criminal-justice-scotland-act-2016/section-22
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

