The Criminal Justice (Scotland) Act 2016 (Consequential and Supplementary Modifications) Regulations 2017

Document Number:2017 No. 452
Coming into force:Coming into force on the 25/01/2018

Scottish Statutory Instruments

Criminal Procedure


14 th December 2017

Coming into force

25 th January 2018

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 115(1) of the Criminal Justice (Scotland) Act 2016(1) and all other powers enabling them to do so.

In accordance with section 115(2)(a) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation and commencement

  1.   These Regulations may be cited as the Criminal Justice (Scotland) Act 2016 (Consequential and Supplementary Modifications) Regulations 2017 and come into force on 25 th January 2018.

    Consequential and supplementary modifications of enactments

  2. —(1) The schedule contains modifications of enactments consequential on and supplementary to the Criminal Justice (Scotland) Act 2016 (“the 2016 Act”).

    (2) Paragraphs 1 , 7 , 12(2) and 13 to 18 of the schedule do not apply in respect of any matter arising from an arrest or detention of a person by a constable where—

    (a) the arrest or detention takes place before the appointed day; and

    (b) the person remains in police custody following that arrest or detention at the beginning of the appointed day.

    (3) In this regulation—

    “constable” means—

    a constable within the meaning given by section 62 of the 2016 Act; and

    a member of the staff of the Police Investigations and Review Commissioner designated under paragraph 7 B of schedule 4 of the Police, Public Order and Criminal Justice (Scotland) Act 2006(2)—

    to take charge of any investigation on behalf of the Commissioner; or

    to assist a member of the Commissioner’s staff designated to take charge of such an investigation;

    “detention” means detention under section 14 of the Criminal Procedure (Scotland) Act 1995(3), and “detained” is to be construed accordingly;

    “the appointed day” means 25 th January 2018.

    (4) For the purposes of this regulation, a person is in police custody from the time when the person is arrested or detained by a constable until any one of the events mentioned in paragraph (5) occurs.

    (5) The events are—

    (a) the person is released from custody;

    (b) the person is brought before a court in accordance with any enactment or rule of law or the terms of any warrant;

    (c) the Principal Reporter makes a direction under section 65(2)(b) of the Children’s Hearings (Scotland) Act 2011(4) that the person continue to be kept in a place of safety.


    A member of the Scottish Government

    St Andrew’s House,


    14 th December 2017

    Regulation 2


    PART 1 Primary Legislation

    Salmon Fisheries (Scotland) Act 1868

  3.   In section 29 of the Salmon Fisheries (Scotland) Act 1868(5) (apprehension of offenders) , the words from “, or to deliver” to “magistrate” are omitted.

    Official Secrets Act 1911

  4.   Section 6 of the Official Secrets Act 1911(6) (power to arrest) is repealed.

    Public Order Act 1936

  5.   In section 7 of the Public Order Act 1936(7)...

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