Part 1: Espionage, sabotage and persons acting for foreign powers Powers of search etc. Schedule 6: Detention under Section 27 Part 3: Rights of persons detained under section 28: Scotland
Paragraph 15 states that a person detained in Scotland is entitled to have a named person (such as a friend or relative) informed of their detention and where they are being held. If the detainee is moved to another place of detention, they are able to exercise this right again. The detained person is entitled to consult a solicitor, in private, at any time, without delay (Paragraph 15(6)). The person must be informed of both of these rights on first being detained.
	Paragraph 16 indicates that a senior police officer may direct that the detained person may not consult the chosen solicitor or must cease consultation if it has begun. This can only be done if it appears to the officer to be necessary on one of the grounds mentioned in sub-paragraph (3), for example that it is in the interests of the investigation or prevention of crime. The direction can also be made if the officer has reasonable grounds for believing that the person has benefitted from their criminal conduct (as defined in Part 3 of the Proceeds of Crime Act 2002) and that unless they direct otherwise, the arrestee’s consultation with the solicitor, or the informing of the named person, may hinder the police’s ability to recover the value of the property (paragraph 16(4)). Where a delay is authorised, this must be recorded, and the detained person must be informed of this as soon as is reasonably practicable (16(6)).
	If the detained person appears to be a child, (defined as a person under 16 years of age) the named person who is informed of the detention must be their parent whether the detained person requests so or not (Paragraph 17). Additionally, section 40 of the Criminal Justice (Scotland) Act 2016 (right of under 18s to have access to other person) applies to the detention.
	Paragraph 18 modifies section 18 Criminal Procedure (Scotland) Act 1995 (regarding the procedure for taking certain fingerprints and samples). It substitutes a power into section 18 for a constable to take relevant physical data (such as fingerprints or other prints or impressions), if the constable reasonably suspects that the person has been involved in foreign power threat activity and believes the relevant data will confirm or disprove the person’s involvement in that activity. The constable may also take fingerprints if satisfied that the fingerprints will help determine the suspect’s identity and the person’s identity has not been verified either because the person has refused to identify themselves or the constable has reasonable grounds to suspect that the person is not who they claim to be.