Criminal Justice (Scotland) Act 1980

PART IPolice Powers

1Suspect or potential witness may be required by constable to identify himself

(1)Where a constable has reasonable grounds for suspecting that a person has committed or is committing an offence at any place, he may require—

(a)that person, if the constable finds him at that place or at any place where the constable is entitled to be, to give his name and address and may ask him for an explanation of the circumstances which have given rise to the constable's suspicion ;

(b)any other person whom the constable finds at that place or at any place where the constable is entitled to be and who the constable believes has information relating to the offence, to give his name and address.

(2)The constable may require the person mentioned in paragraph (a) of subsection (1) above to remain with him while he (either or both)—

(a)verifies any name and address given by the person: Provided that the constable shall exercise his power under this paragraph only where it appears to him that such verification can be obtained quickly;

(b)notes any explanation proffered by the person.

(3)A constable may use reasonable force to ensure that the person mentioned in paragraph (a) of subsection (1) above remains with him.

(4)A constable shall inform a person, when making a requirement of that person under—

(a)paragraph (a) of subsection (1) above, of his suspicion and of the general nature of the offence which he suspects that the person has committed or is committing ;

(b)paragraph (b) of subsection (1) above, of his suspicion, of the general nature of the offence which he suspects has been or is being committed and that the reason for the requirement is that he believes the person has information relating to the offence;

(c)subsection (2) above, of why the person is being required to remain with him ;

(d)either of the said subsections, that failure to comply with the requirement may constitute an offence.

(5)A person mentioned in—

(a)paragraph (a) of subsection (1) above who having been required—

(i)under that subsection to give his name and address; or ,

(ii)under subsection (2) above to remain with a constable,

fails, without reasonable excuse, to do so, shall be guilty of an offence and liable on summary conviction to a fine not exceeding £200;

(b)paragraph (b) of the said subsection (1) who having been required under that subsection to give his name and address fails, without reasonable excuse, to do so shall be guilty of an offence and liable on summary conviction to a fine not exceeding £50.

(6)A constable may arrest without warrant any person who he has reasonable grounds for suspecting has committed an offence under subsection (5) above.

2Detention and questioning at police station

(1)Where a constable has reasonable grounds for suspecting that a person has committed or is committing an offence punishable by imprisonment, the constable may, for the purpose of facilitating the carrying out of investigations—

(a)into the offence ; and

(b)as to whether criminal proceedings should be instigated against the person,

detain that person and take him as quickly as is reasonably practicable to a police station or other premises and, subject to the following provisions of this section, the detention may continue there.

(2)Detention under subsection (1) above shall be terminated not more than six hours after it begins or (if earlier)—

(a)when the person is arrested ; or

(b)where there are no longer such grounds as are mentioned in the said subsection (1);

and when a person has been detained under subsection (1) above for a period of six hours, he shall be informed immediately upon expiry of this period that his detention has been terminated.

(3)Where a person has been released at the termination of a period of detention under subsection (1) above he shall not thereafter be detained, under that subsection, on the same grounds or on any grounds arising out of the same circumstances.

(4)At the time when a constable detains a person under subsection (1) above, he shall inform the person of his suspicion, of the general nature of the offence which he suspects has been or is being committed and of the reason for the detention; and there shall be recorded—

(a)the place where detention begins and the police station or other premises to which the person is taken ;

(b)the general nature of the suspected offence ;

(c)the time when detention under subsection (1) above begins and the time of the person's arrival at the police station or other premises;

(d)the time when the person is informed of his rights in terms of subsection (7) below and of subsection (1)(b) of section 3 of this Act and the identity of the constable so informing him;

(e)where the person requests such intimation to be sent as is specified in section 3(1)(b) of this Act, the time when such request is—

(i)made;

(ii)complied with ; and

(f)the time of the person's departure from the police station or other premises or, where instead of being released he is arrested in respect of the alleged offence, the time of such arrest.

(5)Where a person is detained under subsection (1) above, a constable may—

(a)put questions to him in relation to the suspected offence: Provided that this paragraph shall be without prejudice to any existing rule of law as regards the admissibility in evidence of any answer given;

(b)exercise the same powers of search as are available following an arrest; and

(c)take fingerprints, palmprints and such other prints and impressions as the constable may, having regard to the circumstances of the suspected offence, reasonably consider appropriate :

Provided that the record of the prints and impressions so taken shall be destroyed immediately following a decision not to institute criminal proceedings against the person or on the conclusion of such proceedings otherwise than with a conviction or an order under section 182 or 383 (absolute discharge) or 183(1) or 384(1) (probation) of the 1975 Act.

(6)A constable may use reasonable force in exercising any power conferred by subsection (1), or by paragraph (b) or (c) of subsection (5), above.

(7)A person detained under subsection (1) above shall be under no obligation to answer any question other than to give his name and address, and a constable shall so inform him both on so detaining him and on arrival at the police station or other premises.

3Right to have someone informed when arrested or detained

(1)Without prejudice to section 19 or 305 of the 1975 Act (intimation to solicitor following arrest), a person who, not being a person in respect of whose custody or detention subsection (3) below applies—

(a)has been arrested and is in custody in a police station or other premises, shall be entitled to have intimation of his custody and of the place where he is being held sent, to a person reasonably named by him;

(b)is being detained under section 2 of this Act 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, to a solicitor and to one other person reasonably named by him,

without delay or, where some delay is necessary in the interest of the investigation or the prevention of crime or the apprehension of offenders, with no more delay than is so necessary; and the person shall be informed of such entitlement—

(i)on arrival at the police station or other premises; or

(ii)where he is not arrested, or as the case may be detained, until after such arrival, on such arrest or detention.

(2)Where the person mentioned in paragraph (a) of subsection (1) above requests such intimation to be sent as is specified in that paragraph there shall be recorded the time when such request is—

(i)made;

(ii)complied with.

(3)Without prejudice to the said section 19 or 305, a constable shall, where a person who has been arrested and is in such custody as is mentioned in paragraph (a) of subsection (1) above or who is being detained as is mentioned in paragraph (b) of that subsection appears to him to be a child, send without delay such intimation as is mentioned in the said paragraph (a), or as the case may be paragraph (b), to that person's parent if known ; and the parent—

(a)in a case where there is reasonable cause to suspect that he has been involvel in the alleged offence in respect of which the person has been arrested or detained, may; and

(b)in any other case shall,

be permitted access to the person.

(4)The nature and extent of any access permitted under subsection (3) above shall be subject to any restriction essential for the furtherance of the investigation or the well-being of the person.

(5)In subsection (3) above—

(a)" child " means a person under 16 years of age ; and

(b)" parent " includes guardian.

4Search for offensive weapons

(1)Where a constable has reasonable grounds for suspecting that any person is carrying an offensive weapon and has committed or is committing an offence under section 1 of the [1953 c. 14.] Prevention of Crime Act 1953 (prohibition of carrying of offensive weapons in public) the constable may search that person without warrant, and detain him for such time as is reasonably required to permit the search to be carried out; and he shall inform the person of the reason for such detention.

(2)Any person who—

(a)intentionally obstructs a constable in the exercise of the constable's powers under subsection (1) above; or

(b)conceals from a constable acting in the exercise of the said powers an offensive weapon,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding £200.

(3)A constable may arrest without warrant any person who he has reason to believe has committed an offence under subsection (2) above.

(4)In this section, " offensive weapon " has the same meaning as in the said section 1,

5Constable may take drunken person to designated place

(1)Where a constable has power to arrest a person without a warrant for any offence and the constable has reasonable grounds for suspecting that that person is drunk, the constable may, if he thinks fit, take him to any place designated by the Secretary of State for the purposes of this section as a place suitable for the care of drunken persons.

(2)A person shall not by virtue of this section be liable to be detained in any such place as is mentioned in subsection (1) above, but the exercise in his case of the power conferred by this section shall not preclude his being charged with any offence.