Search Legislation

Police and Fire Reform (Scotland) Act 2012

Status:

This is the original version (as it was originally enacted).

This section has no associated Explanatory Notes

1A police custody and security officer has power—

(a)to transfer persons in legal custody from one set of relevant premises to another,

(b)to have custody of persons held in legal custody on court premises (whether or not such persons would otherwise be in the custody of the court) and to produce them before the court,

(c)to have custody of persons temporarily held in legal custody in relevant premises while in the course of transfer from one set of such premises to another,

(d)to apprehend a person who was in the custody of the officer in relevant premises or in such course of transfer but who is unlawfully at large,

(e)to remove from relevant premises any person—

(i)who the officer has reasonable grounds to believe has committed or is committing an offence, or

(ii)who is causing a disturbance or nuisance,

(f)in any place to search any person who is in legal custody or is unlawfully at large,

(g)to search—

(i)any relevant premises or any other place in which there is a person in the officer’s custody who is being transferred from one set of relevant premises to another,

(ii)any person in such premises or other place who the officer has reasonable grounds to believe has committed or is committing an offence or who is seeking access to a person in the officer’s custody or to relevant premises,

(h)in relevant premises, or in any other place in which a person in legal custody is or may be, to require any person who the officer has reasonable grounds for suspecting has committed or is committing an offence—

(i)to give the person’s name and address, and

(ii)either to remain there with the officer until a constable arrives or, where reasonable in all the circumstances, to go with the officer to the nearest police station,

but only if before imposing any such requirement the officer informs the person concerned of the nature of the suspected offence and of the reason for the requirement,

(i)in fulfilment of the officer’s duties under paragraph 2(1)(d), to apprehend any person and to detain that person in custody in the premises of the court in question,

(j)at a constable’s direction, to photograph or take relevant physical data from any person held in legal custody, and

(k)to use reasonable force (which may include the use of handcuffs and other means of restraint) where and in so far as it is requisite to do so in exercising any of the other powers,

and either (but not both) of the sets of premises mentioned in any of paragraphs (a), (c) and (g) may be situated in a part of the British Islands outwith Scotland.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources