Paragraph 18 C1

United Kingdom

(1)

Paragraphs 16 F1to 17 shall have effect, in relation to a person detained under section 41 F2or 43B or Schedule 7, 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 detained under Schedule 7 or section 41 F3or 43B at a F4place in Scotland appears to a constable to be a child—

(a)

the other person named by the person detained in pursuance of paragraph 16(1) shall be that person’s parent,

F5(ab)

intimation is to be made under paragraph 16(1) whether the person detained requests that it be made or not, and

(ac)

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

F6(3)

In relation to a person detained under Schedule 7 at a place other than a police station—

(a)

sub-paragraph (2), and

(b)

F7section 40 of the Criminal Justice (Scotland) Act 2016 as applied by that sub-paragraph,

apply as if references to a constable included an examining officer.

F8(4)

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

Textual amendments

F1: Word in Sch. 8 para. 18(1) substituted (31.7.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 9 para. 5(12)(a) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/1916, art. 3(b)
F2: Words in Sch. 8 para. 18(1) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 184(2)(j), 208(5)(w)
F3: Words in Sch. 8 para. 18(2) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 184(2)(j), 208(5)(w)
F4: Word in Sch. 8 para. 18(2) substituted (31.7.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 9 para. 5(12)(b) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/1916, art. 3(b)
F5: Sch. 8 para. 18(2)(ab)(ac) substituted for words in Sch. 8 para. 18(2) (25.1.2018) by Criminal Justice (Scotland) Act 2016 (asp 1), s. 117(2), sch. 2 para. 37(a)(i); S.S.I. 2017/345, art. 3, sch. (with art. 4) (which affecting provision is extended to E.W.N.I. by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), arts. 2(1)(d), 18)
F6: Sch. 8 para. 18(3) inserted (31.7.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 9 para. 5(12)(c) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/1916, art. 3(b)
F7: Words in Sch. 8 para. 18(3)(b) substituted (S.) (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential and Supplementary Modifications) Regulations 2017 (S.S.I. 2017/452), reg. 1, sch. para. 13 (with reg. 2(2))
F8: Sch. 8 para. 18(4) inserted (25.1.2018) by Criminal Justice (Scotland) Act 2016 (asp 1), s. 117(2), sch. 2 para. 37(a)(ii); S.S.I. 2017/345, art. 3, sch. (with art. 4) (which affecting provision is extended to E.W.N.I. by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), arts. 2(1)(d), 18)

Modifications

C1: Sch. 8 paras. 1(6), 2, 6-9, 16-19 applied (with modifications) (11.3.2005) by Prevention of Terrorism Act 2005 (c. 2), s. 5(8)

Notes on Schedule 8

Textual amendments

F1: Words in Sch. 8 shoulder note substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 184(2)(a), 208(5)(w)

Modifications

C1: Schs. 7, 8, 14 extended (with modifications) (coming into force in accordance with art. 1(2) of the extending S.I.) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 11(1)(b), Sch. 2 (as amended (31.3.2021) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021 (S.I. 2021/311), arts. 1(2), 2(7)(b)(ii)(iii))
C2: Sch. 8 applied (with modifications) (25.7.2006) by Terrorism Act 2006 (c. 11), s. 25(1)(3)(4); S.I. 2006/1936, art. 2

Notes on Part I

Textual amendments

F1: Words in Sch. 8 Pt. 1 heading inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 184(2)(b), 208(5)(w)