1 For the application of the provisions of the 2016 Act to arrest by forces other than Police Scotland, including immigration officers, designated customs officials, officers of Revenue and Customs, Ministry of Defence Police, British Transport Police and the Civil Nuclear Constabulary, and the arrest by the police for service offences, see the relevant provisions of the Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018/46. For the application of the 2016 Act to the Police Investigations and Review Commissioner, see the Police Investigations and Review Commissioner (Application and Modification of the Criminal Justice (Scotland) Act 2016) Order 2017/465.
3 By virtue of Articles 6 and 7 and schedules 2 and 3 of the Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018/46
4 “Mental disorder” as defined in section 328 of the Mental Health (Care and Treatment) Scotland Act 2003
5 Section 1(6) of the Adults with Incapacity Act (Scotland) 2000 states that “adult” means a person who has attained 16 years of age, and “incapable” means incapable of acting, making decisions, communicating decisions, understanding decisions or retaining the memory of decisions by reason of mental disorder or of inability to communicate because of physical disability. A person does not fall within this definition by reason only of a lack or deficiency in a faculty of communication if that lack or deficiency can be made good by human or mechanical aid (whether of an interpretative nature or otherwise).