Criminal Justice (Scotland) Act 1980

Part IS Police Powers

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[F43A Rights of persons arrested or detained in connection with terrorism.S

(1)A person who has been arrested or detained under the terrorism provisions and who is in detention in a police station or other premises shall be entitled to have intimation of his detention and of the place where he is being detained sent without delay to a solicitor and to another person reasonably named by him:

(2)Where a person arrested or detained under the terrorism provisions requests that the intimation be made, there shall be recorded the time when such request is—

(a)made; and

(b)complied with.

(3)A person arrested or detained under the terrorism provisions shall be entitled to consult a solicitor at any time, without delay:

(4)Subject to section 3C of this Act the consultation provided for in subsection (3) above shall be private.]

3B Provisions as to children detained in connection with terrorism.S

(1)Subject to the provisions of this section the provisions of section 3A of this Act apply to children as they apply to adults.

(2)Without prejudice to—

(a)subsection (3) of this section, or

(b)his entitlement, in terms of section 3A(1), to have intimation of his detention and of the place where he is being detained sent to a solicitor—

a person arrested or detained under the terrorism prevention provisions who appears to a constable to be a child shall not be entitled to have such intimation sent to any other person named by him.

(3)Where it appears to a constable that a person arrested or detained under the terrorism provisions is a child, he shall, subject to subsection (4), without delay—

(a)send intimation of the arrest or detention and of the place where the child is being held to his parent (if known); and

(b)allow such parent access to the child.

(4)A police officer not below the rank of superintendent may authorise—

(a)a delay in compliance with the duty mentioned in subsection (3)(a) above;

(b)non-compliance with the duty mentioned in subsection (3)(b) above,

where such delay or, as the case may be, non-compliance is, in his view, necessary on one of the grounds mentioned in section 3C(3) of this Act:

(5)There shall be recorded the time at which the intimation mentioned in subsection (3)(a) is made.

(6)Subject to section 3C of this Act the access mentioned in subsection (3)(b) above shall be private.

(7)Where a child is, by virtue of any enactment, in the care either of a local authority or of a voluntary organisation, the intimation shall be either to the authority or organisation or to the parent, and the right of access shall be exercisable both by an officer of the authority or organisation and by the parent; and subsections (4) and (6) above and section 3C of this Act shall apply in relation to intimation and access under this subsection as they apply to intimation and access under subsection (3) above.

3C Provisions relating to consultations and access in connection with terrorism.S

(1)An officer not below the rank of Assistant Chief Constable may direct that the consultation or access mentioned in sections 3A(3) and 3B(3) of this Act respectively be in the presence of a uniformed officer not below the rank of inspector if it appears to the officer giving the direction to be necessary on one of the grounds mentioned in subsection (3) below.

(2)A uniformed officer directed to be present during a consultation or, as the case may be, access shall be an officer who, in the opinion of the officer giving the direction, has no connection with the case.

(3)The grounds mentioned in sections 3A(1), 3A(3) and 3B(4) of this Act and in subsection (1) above are that it is in the interests of the investigation or prevention of crime, or of the apprehension, prosecution or conviction of offenders.

(4)Where delay or non-compliance is authorised in the exercising of any of the rights or, as the case may be, the carrying out of any of the duties, mentioned in sections 3A(1), 3A(3), and 3B(3) of this Act, there shall be recorded the reason for such delay or non-compliance.

3D(1)In sections 3A to 3C and this section of this Act—

[F5(a)“terrorism provisions” means section 14(1) of the M1 Prevention of Terrorism (Temporary Provisions) Act and any provision of Schedule 2 or 5 to that Act conferring a power of arrest or detention;]

(b)“child” and “parent” have the same meanings as in [F6section 15(6) of the Criminal Procedure Act (Scotland) Act 1995.]

(2)The provisions of sections 3A to 3C and this section of this Act shall have effect, in relation to persons arrested or detained under the terrorism provisions, 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.

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Part IIU.K. Procedure and Evidence

ProcedureU.K.

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F2825 Interpretation of 1975 Act.S

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EvidenceS

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F3632A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

AppealsS

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MiscellaneousS

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Part IIIU.K. Penalties

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45 Detention of young defendersS

F49(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50

(3)In the 1975 Act, sections 204 and 414 (Borstal training) and sections 209 and 418 (detention in detention centre) shall cease to have effect.

(4)Without prejudice to any specific amendment made by this Act, in Scotland a reference in any enactment to which this subsection applies—

(a)to a Borstal institution, shall be construed as a reference to a young offenders institution; and

(b)to a period of training in a Borstal institution, shall be construed as a reference to a period of detention in a young offenders institution.

(5)The enactments to which subsection (4) above applies are—

(a)any Act passed before, or during the same session as, this Act; and

(b)any subordinate legislation made before the commencement of this Act;

and in this subsection

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51 Execution in different parts of United Kingdom of warrants for imprisonment for non-payment of fine. U.K.

After section 38 of the Criminal Law Act 1977 there shall be inserted the following section—

“38A Execution in different parts of the United Kingdom of warrants for imprisonment for non-payment of fine.

(1)Subject to subsection (6) below, a person against whom an extract conviction is issued in Scotland for imprisonment in default of payment of a fine may be arrested—

(a)in England and Wales, by any constable acting within his police area ;

(b)in Northern Ireland, by any member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve ;

and subsections (4) and (5) of section 159 of the Magistrates’ Courts Act (Northern Ireland) 1964 (execution without possession of the warrant and execution on Sunday) shall apply to the execution in Northern Ireland of any such extract conviction as those subsections apply in relation to the execution of a warrant for arrest.

(2)Subject to subsection (6) below, a person against whom there has been issued in England, Wales or Northern Ireland a warrant committing him to prison in default of payment of a sum adjudged to be paid by a conviction may be arrested in Scotland, by any constable appointed for a police area, in like manner as if the warrant were an extract conviction for imprisonment issued in Scotland in default of payment of a fine.

(3)A person arrested by virtue of subsection (1) above under an extract conviction or by virtue of subsection (2) above under a warrant of commitment may be detained under it in any prison in the part of the United Kingdom in which he was arrested ; and while so detained he shall be treated for all purposes as if he were detained under a warrant of commitment or extract conviction issued in that part of the United Kingdom.

(4)An extract conviction or a warrant of commitment may be executed by virtue of this section whether or not it has been endorsed under section 4 of the Summary Jurisdiction (Process) Act 1881 or under section 27 of the Petty Sessions (Ireland) Act 1851.

(5)In this section—

“fine” includes any sum treated by any enactment as a fine for the purposes of its enforcement and any sum to be found as caution ;

“imprisonment” includes,in the case of a person who is under the age of 21 years, detention ;

“part of the United Kingdom” means England and Wales, Scotland or Northern Ireland ;

“prison” means—

(i)in the case of a person who is under the age of 21 years arrested in Scotland, a young offenders institution ; and

(ii)in the case of a person under that age arrested in Northern Ireland, a young offenders centre ; and

“sum adjudged to be paid by a conviction”has the meaning given by section 150(3) of the Magistrates’ Courts Act 1980 or, in Northern Ireland, section 169(2) of the Magistrates’ Courts (Northern Ireland) Act 1964.

(6)This section shall not apply to the arrest of persons under the age of 17 years.”.

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55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59S

56 Penalties for drunkenness. S

(1)In section 70 of the M3Licensing (Scotland) Act 1903 (penalties for drunkenness, etc.)—

(a)in the first paragraph of subsection (1) for the words from “and may be taken” to the end of that paragraph there shall be substituted the words “ and shall be liable on summary conviction to a fine not exceeding £50 ”;

(b)in the second paragraph of that subsection for the words from “forty” to the end of that paragraph there shall be substituted the words “ £50 ” ;

(c)after that subsection there shall be inserted the following subsection—

“(1A)A constable may arrest without warrant any person who he has reasonable grounds for suspecting is committing an offence under subsection (1) above.”; and

(d)in subsection (2) for the words from “forty” to the end of the first sentence there shall be substituted the words “ £50 ”.

(2)Section 382 of the M4Burgh Police (Scotland) Act 1892 shall cease to have effect.

57 Penalty for second conviction of assault on constable. S

In section 41(1)(ii) of the M5Police (Scotland) Act 1967 (assaults on constables, etc.), at the end there shall be added the words “ or to a fine not exceeding the prescribed sum within the meaning of section 289B of the Criminal Procedure (Scotland) Act 1975, or to both. ”.

F60Part IVU.K. Compensation by Offenders

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F65Part VS Sporting Events: Control of Alcohol Etc.

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Part VIU.K. Miscellaneous and General

F8578. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

79 Grants in respect of hostel accomodation for persons under supervision. S

After section 27A of the M16Social Work (Scotland) Act 1968 there shall be inserted the following section—

“27B Grants in respect of hostel accomodation for persons under supervision.

The Secretary of State may make to a local authority grants of such amount and subject to such conditions as he may with the consent of the Treasury determine in respect of expenditure incurred by the authority under this Act in—

(a)providing ; or

(b)contributing by way of grant under section 10(3) of this Act to the provision by a voluntary organisation of,

residential accommodation wholly or mainly for the persons mentioned in sub-paragraphs (i) and (ii) of section 27(1)(b) of this Act.”.

F8680. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

81 Interpretation etc.S

(1)In this Act—

• “the 1975 Act” means the M17Criminal Procedure (Scotland) Act 1975;

• “constable” means a constable within the meaning of the M18Police (Scotland) Act 1967.

(2)Except where the context otherwise requires, expressions used in this Act and in the 1975 Act shall have the same meanings in this Act as in that Act.

82 Financial provisions.S

There shall be defrayed out of money provided by Parliament any increase attributable to the provisions of this Act in the sums payable out of such money under any other Act.

83 Transitional provisions, consequential amendments and repeals.S

(1)Schedule 6 to this Act shall have effect for the purpose of the transition to the provisions of this Act from the law in force before the commencement of those provisions and with respect to the application of this Act to things done before the commencement of those provisions.

(2)The enactments specified in Schedule 7 to this Act shall have effect subject to the amendments there specified, being minor amendments or amendments consequential on the provisions of this Act.

(3)The enactments specified in Schedule 8 to this Act (which include certain spent provisions) are hereby repealed to the extent specified in the third column of that Schedule.

84 Short title, commencement and extent.U.K.

(1)This Act may be cited as the Criminal Justice (Scotland) Act 1980.

(2)This Act shall come into force on such date as the Secretary of State may appoint by order made by statutory instrument; and different dates may be so appointed for different provisions or different purposes.

(3)Any order under subsection (2) above may make such transitional provision as appears to the Secretary of State to be expedient in connection with the provisions thereby brought into force.

(4)Subject to subsections (5) to (7) below, this Act extends to Scotland only.

(5)This section and the following provisions extend to England and Wales—

• section 22;

• section 51;

• section 66 for the purposes of the construction mentioned in subsection (1) of that section;

• paragraphs 2, so far as relating to section 22, and 8 to 10 of Schedule 6;

• paragraphs 6(a), 7 to 12, 24, 58 and 79 of Schedule 7; and

• Schedule 8 so far as relating to the M19Criminal Justice Act 1961 and to section 365 of the 1975 Act.

(6)This section, section 22, section 51, section 66 for the purposes of the construction mentioned in subsection (1) of that section, paragraphs 2, so far as relating to section 22, and 8 to 10 of Schedule 6, paragraphs 6(a), 7 to 12 and 77 of Schedule 7, and Schedule 8 so far as relating to the Criminal Justice Act 1961 extend to Northern Ireland.

(7)This section, paragraphs 6(a) and 10 (a) of Schedule 7, and Schedule 8 so far as relating to section 32(2)(b) of the Criminal Justice Act 1961, extend to the Channel Islands and the Isle of Man.