PART 1ARREST AND CUSTODY
CHAPTER 2CUSTODY: PERSON NOT OFFICIALLY ACCUSED
Investigative liberation
16Release 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.