{
  "url": "https://openlegislation.uk/prisons-scotland-act-1989/section-13",
  "json_url": "https://openlegislation.uk/prisons-scotland-act-1989/section-13.json",
  "legislation": "ukpga/1989/45",
  "legislation_title": "Prisons (Scotland) Act 1989",
  "legislation_url": "https://openlegislation.uk/prisons-scotland-act-1989",
  "path": "section/13",
  "kind": "section",
  "number": "13",
  "heading": "Legal custody of prisoner.",
  "text": "Without prejudice to section 295 of the Criminal Procedure (Scotland) Act 1995 (c. 46) (legal custody of persons generally), a prisoner is in legal custody—\n(a) while he is confined in or being taken to or from any prison in which he may be lawfully confined; or\n(b) while he is working or is, for any other reason, outside the prison in the custody or under the control of an officer of the prison , a constable (“constable” having the same meaning as it has, by virtue of paragraph 17(1) and (2) of Schedule 1 to the Crime (Sentences) Act 1997 (c. 43), in section 40(1) of this Act) or a police custody and security officer ; or\n(c) while he is being taken to any place to which he is required or authorised by or under this Act to be taken; or\n(d) while he is kept in custody in pursuance of such requirement or authorisation.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in s. 13 substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 24(1)(a), 89(2); S.S.I. 2003/288, art. 2, Sch."
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in s. 13(b) added (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 24(1)(b), 89(2); S.S.I. 2003/288, art. 2, Sch."
    },
    {
      "type": "C",
      "label": "C1",
      "text": "S. 13(b) modified (3.2.1995) by 1994 c. 33, s. 110(4); S.I. 1995/127, art. 2(1), Sch. 1S. 13(b) modified (3.2.1995) by 1994 c. 33, s. 112(3)(4)(b)(6); S.I. 1995/127, art. 2(1), Sch. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1989/45/section/13",
    "retrieved_at": "2026-10-29T09:44:44.436072+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."
}