Section 96 Interpretation of Chapter 16I1

(1)

For the purposes of this Chapter, a reference to a detainee is a reference to a person in the lawful custody of a person (“A”) acting in a capacity mentioned in subsection (2) or a person assisting A while A is acting in such a capacity.

(2)

The capacities are—

(a)

that of a constable,

(b)

that of a police custody and security officer,

(c)

that of a member of a relevant police force when such member is executing a warrant or is otherwise acting in Scotland by virtue of any enactment conferring powers on the member in Scotland,

(d)

that of a person who—

(i)

is a member of an international joint investigation team that is led by a person acting in a capacity mentioned in paragraph (a) or (c), and

(ii)

is carrying out functions as a member of that team.

(3)

For the purpose of subsection (2) a reference to a member of a relevant police force is a reference to a member of—

(a)

a police force maintained under section 2 of the Police Act 1996 (c.16),

(b)

the metropolitan police force,

(c)

the City of London police force, or

(d)

the Police Service of Northern Ireland.

(4)

In this Chapter—

“SPT” means the Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment established under Article 2 of OPCAT, and
“OPCAT” means the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment adopted on 18 December 2002 at the fifty-seventh session of the General Assembly of the United Nations by resolution A/RES/57/199.

Annotations

Commencement

I1: S. 96 in force at 1.4.2013 by S.S.I. 2013/51, art. 2