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The information contained in this section is to inform solicitors about changes resulting from the commencement on 25 January 2018 of Part 1 of the Criminal Justice (Scotland) Act 2016.
In December 2017, the Scottish Parliament passed legal aid regulations to support the Act's commencement.
We will be adding our latest update to the page below and you can access all the guidance we have issued about the Act by using the buttons in the sidebar to the left of this page.
Police Scotland has provided its new operating procedures and guidance to support the legal profession in the transition towards CJ Act powers.
The following primary guidance documents and forms outline how the police will implement their responsibilities in terms of the Act.
They have also shared the primary guidance reference for officers in respect of their use of arrest powers.
In the custody environment, a person's rights will be delivered to them and recorded on the National Custody System - which has been revised to reflect the Act. However, the business continuity forms, which summarise the rights delivered to arrested persons, have also been included.
Please note that while these forms have been shared as drafts, they reflect the position as of 16 January 2018. However Police Scotland reserves the ability to make minor revisions (if required) prior to 25 January 2018.
1) Revised Solicitor access Guidance Document
This document provides appropriate guidance in relation to solicitor access for people in police custody following the implementation of the Act.
2) PIRoS Form (SARF replacement)
Police Interview – Rights of Suspects (PIRoS) form
3) Standard Operating Procedure (SOP) for the Act
This SOP provides instruction and guidance to all police officers/members of police staff in relation to Criminal Justice processes and procedures in respect of arrest and custody as required by the Criminal Justice (Scotland) Act 2016.
4) Custody forms
These six forms replicate Police Scotland’s online screens and show the usual rights information that will be recorded on the National Custody System (NCS).
Please note, the forms are for Business Continuity use in the event of the NCS system being down.
5) Arrest powers guidance for officers - provided within police notebooks - including Pre Interview Review of Rights
Guidance for officers on their use of arrest powers.
6) Arrest powers Aide Memoire for officers
Details revised powers of arrest
7) Waiver Form
For use regarding the recording of the relevance person in respect of 16 and 17 year olds.
8) Undertaking Form
Form to be used for liberation from police custody for court appearance by way of undertaking
9) Investigative Liberation Operational Guidance
Provides guidance on Investigative Liberation when dealing with a Not Officially Accused Person (NOA), formally known as a suspect, who is suspected of committing a relevant offence, punishable by imprisonment.
10) Investigative Liberation Flowchart
The flow chart that breaks down the initial application, authorisation and review of the Investigative Liberation process.
For more information, please contact: Kingsley Thomas, Head of Criminal Legal Assistance, firstname.lastname@example.org