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SCHEDULES

SCHEDULE 8Detention

Part ITreatment of persons detained under section 41 or Schedule 7

Rights: Scotland

18(1)Paragraphs 16 and 17 shall have effect, in relation to a person detained under section 41 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 at a police station 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, and

(b)section 15(4) of the [1995 c. 46.] Criminal Procedure (Scotland) Act 1995 shall apply to the person detained as it applies to a person who appears to a constable to be a child who is being detained as mentioned in paragraph (b) of section 15(1) of that Act,

and in this sub-paragraph “child” and “parent” have the same meaning as in section 15(4) of that Act.