OpenLegislation

Paragraph 17 I1I2

United Kingdom

(1)

Paragraphs 15 and 16 have effect, in relation to a person detained under section 27, in place of any enactment or rule of law under or by virtue of which a person arrested or detained may be entitled to communicate or consult with any other person.

(2)

But, where a person who is detained under section 27 at a place in Scotland appears to a constable to be a child—

(a)

the other person named by the person detained in pursuance of paragraph 15(1) must be that person’s parent,

(b)

intimation is to be made under paragraph 15(1) whether the detained person requests that it be made or not, and

(c)

section 40 of the Criminal Justice (Scotland) Act 2016 (asp 1) (right of under 18s to have access to other person) applies as if the detained person were a person in police custody for the purposes of that section.

(3)

For the purposes of sub-paragraph (2)—

  • “child” means a person under 16 years of age;

  • “parent” includes guardian and any person who has the care of the child mentioned in sub-paragraph (2).

Annotations

Commencement

I1

Sch. 6 para. 17 not in force at Royal Assent, see 100(1)

I2

Sch. 6 para. 17 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)