{
  "url": "https://openlegislation.uk/criminal-justice-scotland-act-2016/section-5",
  "json_url": "https://openlegislation.uk/criminal-justice-scotland-act-2016/section-5.json",
  "legislation": "asp/2016/1",
  "legislation_title": "Criminal Justice (Scotland) Act 2016",
  "legislation_url": "https://openlegislation.uk/criminal-justice-scotland-act-2016",
  "path": "section/5",
  "kind": "section",
  "number": "5",
  "heading": "Information to be given at police station",
  "text": "(1) Subsections (2) and (3) apply when—\n(a) a person is in police custody having been arrested at a police station, or\n(b) a person is in police custody and has been taken to a police station in accordance with section 4.\n(2) The person must be informed as soon as reasonably practicable—\n(a) that the person is under no obligation to say anything, other than to give the information specified in section 34(4),\n(b) of any right the person has to have intimation sent and to have access to certain persons under—\n(i) section 38,\n(ii) section 40,\n(iii) section 43,\n(iv) section 44.\n(3) The person must be provided as soon as reasonably practicable with such information (verbally or in writing) as is necessary to satisfy the requirements placed on member States by Articles 3 and 4 of Directive 2012/13/EU of the European Parliament and of the Council on the right to information in criminal proceedings.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in s. 5(3) substituted (31.12.2020) by The Criminal Justice (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/339), regs. 1(3), 17"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "S. 5 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/5",
    "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."
}