Criminal Law (Consolidation) (Scotland) Act 1995

[F1 24B. Extension under section 24A: procedure S

(1) This section applies where a custody review officer is considering whether to authorise the extension under section 24A(2) of the period of detention of a person who is being detained under section 24 (“the detained person”).

(2) Before deciding whether to authorise the extension, the custody review officer must give either of the following persons an opportunity to make representations—

(a) the detained person; or

(b) any solicitor representing the detained person who is available at the time the officer is considering whether to authorise the extension.

(3) Representations may be oral or written.

(4) The custody review officer may refuse to hear oral representations from the detained person if the officer considers that the detained person is unfit to make representations because of the person’s condition or behaviour.

(5) Where the custody review officer decides to authorise the extension, the officer must ensure that the following persons are informed of the decision and the grounds on which the extension is authorised—

(a) the detained person; and

(b) any solicitor representing the detained person who is available at the time the decision is made.

(6) Subsection (7) applies where—

(a) the custody review officer decides to authorise the extension; and

(b) at the time of the decision, the detained person has not exercised all the person’s rights under sections 25 and 25A.

(7) The custody review officer must—

(a) ensure that the detained person is informed of the rights under sections 25 and 25A which the person has not yet exercised; and

(b) if the officer considers there are possible grounds under section 25(1) or 25A(7)(b) or (8) (as the case may be) for delaying the exercise of any such right, decide whether or not to delay the exercise of the right.

(8) The custody review officer must make a written record of—

(a) the officer’s decision on whether to authorise the extension; and

(b) any of the following which apply—

(i) the grounds on which the extension is authorised;

(ii) the fact that the detained person and a solicitor have been informed as required by subsection (5);

(iii) the fact that the detained person has been informed as required by subsection (7)(a);

(iv) any decision on the matter referred to in subsection (7)(b) and, if the decision is to delay the exercise of a right, the grounds for the decision.]

Textual Amendments

F1 Ss. 24A, 24B inserted (15.7.2011) by The Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010 (Consequential Provisions) Order 2011 (S.I. 2011/1739), art. 1(2), Sch. 1 para. 6 (with art. 2(4))