Explanatory note

By virtue of section 102(1) of the Criminal Justice and Public Order Act 1994 (“the 1994 Act”), as read with section 53 of the Scotland Act 1998 (c. 46), the Scottish Ministers may make arrangements for any of the functions specified in section 102(2) of the 1994 Act to be performed, in such cases as may be determined by or under the arrangements, by prisoner custody officers who are authorised to perform such functions.

These Regulations insert a new section 102(3A) into the 1994 Act, modifying the application of section 102(2)(d) of that Act in relation to the custody of a person within Scotland. Its effect is to empower the Scottish Ministers to authorise a prisoner custody officer to have custody of a person within Scotland who is, for temporary purposes, outside a place where they have been directed to be detained under section 205(2) or 208(1) of the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”). Following the commencement of section 208A(2) of the 1995 Act (as inserted by section 19(6) of the Children (Care and Justice) (Scotland) Act 2024), that place cannot be a prison or young offenders institution.