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.