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 4POLICE INTERVIEW

Annotations:
Modifications etc. (not altering text)

Person officially accused

I136Authorisation: further provision

1

An application for authorisation may be made—

a

where section 35(5) applies, by the prosecutor, or

b

in any other case, by a constable.

2

In subsection (1)(a), “the prosecutor” means—

a

where an indictment has been served on the person in respect of the High Court, Crown Counsel, or

b

in any other case, the procurator fiscal.

3

Where an application for authorisation is made in writing (rather than orally) it must—

a

be made in such form as may be prescribed by act of adjournal (or as nearly as may be in such form), and

b

state whether another application has been made for authorisation to question the person about the offence or an offence arising from the same circumstances as the offence.

4

Authorisation ceases to apply as soon as either—

a

the period specified under section 35(6)(a) expires, or

b

the person's trial in respect of the offence, or an offence arising from the same circumstances as the offence, begins.

5

For the purpose of subsection (4)(b), a trial begins—

a

in proceedings on indictment, when the jury is sworn,

b

in summary proceedings, when the first witness for the prosecution is sworn.

6

In this section—

  • “authorisation” means authorisation under section 35,

  • “the offence” means the offence referred to in section 35(1).