Explanatory note

These Regulations implement, in part, Directive 2012/13/EU of the European Parliament and of the Council on the right to information in criminal proceedings (OJ L 142 1.6.2012, p.1). They extend to Scotland only.

In particular, the Regulations require—

1. (a)

   that persons in police custody are provided with information about their rights, verbally or in writing, as required to satisfy the requirements of Articles 3 and 4 of the Directive (regulation 3(1) and (2));

2. (b)

   that a person, held at any time, in police custody can access any documents held by constables of the Police Service of Scotland or members of police staff which are essential to challenging effectively the lawfulness of their arrest and detention as required to satisfy Article 7(1) of the Directive (except insofar as they have been, or will shortly be, made available to the person under the disclosure regime contained in Part 6 of the Criminal Justice and Licensing (Scotland) Act 2010) (regulation 4(1) and (3));

3. (c)

   the chief constable to publish guidance describing the documents that are accessible, how requests must be handled and how a person can obtain a review of any failure or refusal to make such documents available (regulation 4(4)).

No business and regulatory impact assessment has been prepared for these Regulations as no impact upon business, charities or voluntary bodies is foreseen.