C4C2C5C3C9PART 1ARREST AND CUSTODY

Annotations:
Modifications etc. (not altering text)
C4

Pt. 1 applied (with modifications) by 2003 c. 20, s. 31A (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 2 para. 2 (with art. 6))

C2

Pt. 1 applied (with modifications) by 1994 c. 33, s. 137ZA (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 1 para. 4 (with art. 5(2)))

C5

Pt. 1 applied (with modifications) by 2004 c. 20, s. 56A (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 2 para. 3 (with art. 6))

C3

Pt. 1 applied (with modifications) by 1987 c. 4, s. 2D (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 2 para. 1 (with art. 6))

C4C2C7C5C6C3C8C1C9CHAPTER 2CUSTODY: PERSON NOT OFFICIALLY ACCUSED

Annotations:

Investigative liberation

I116Release on conditions

1

Subsection (2) applies where—

a

a person is being held in police custody by virtue of authorisation given under section 7,

b

a constable has reasonable grounds for suspecting that the person has committed a relevant offence, and

c

either—

i

the person has not been subject to a condition imposed under subsection (2) in connection with a relevant offence, or

ii

it has not been more than 28 days since the first occasion on which a condition was imposed on the person under subsection (2) in connection with a relevant offence.

2

If releasing the person from custody, a constable may impose any condition that an appropriate constable considers necessary and proportionate for the purpose of ensuring the proper conduct of the investigation into a relevant offence (including, for example, a condition aimed at securing that the person does not interfere with witnesses or evidence).

3

A condition under subsection (2)—

a

may not require the person to be in a specified place at a specified time,

b

may require the person—

i

not to be in a specified place, or category of place, at a specified time, and

ii

to remain outwith that place, or any place falling within the specified category (if any), for a specified period.

4

A condition imposed under subsection (2) is a liberation condition for the purposes of schedule 1.

5

In subsection (2), “an appropriate constable” means a constable of the rank of sergeant or above.

6

In this section, “a relevant offence” means—

a

the offence in connection with which the authorisation under section 7 has been given, or

b

an offence arising from the same circumstances as that offence.