# Prisons (Scotland) Act 1989, Section 13: Legal custody of prisoner.

Extent: S

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—
(a) while he is confined in or being taken to or from any prison in which he may be lawfully confined; or
(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
(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
(d) while he is kept in custody in pursuance of such requirement or authorisation.

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Source: https://www.legislation.gov.uk/ukpga/1989/45/section/13 (the official version)
Page: https://openlegislation.uk/prisons-scotland-act-1989/section-13
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.