The Criminal Justice (Scotland) Act 2016 (the Act) contains procedures and protections which will apply to all arrests. While the majority of arrests are of people suspected of a criminal offence, there are arrests for other reasons - for example an arrest for a breach of a protective court order or a witness arrested under warrant to ensure they attend court. For these arrests, not all the procedures and protections set out in the Act are appropriate. Section 60 of the Act allows Scottish Ministers to make regulations to modify or dis apply the Act to arrests that do not relate to criminal arrests. These regulations will ensure that arrests which do not relate to criminal offences and certain warrant arrests can be catered for within the new arrest and custody procedures brought in by the Act.
Why We Are Consulting
The Scottish Government are consulting to seek feedback on how Part 1 should apply to arrests not relating to criminal offences, including certain warrant arrests. This feedback will be used to shape the final regulations under section 60. A draft set of regulations is included in the consultation paper to enable the reader to see what amendments are proposed and why they are seen as necessary.
The feedback from the consultation will be used to revise if necessary the draft regulations that have been attached to the consultation document.