C4C2C5C3C9PART 1ARREST AND CUSTODY
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)))
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))
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))
Pt. 1 applied (with modifications) (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 4 (with art. 8)
C4C2C7C5C6C3C8C1C9CHAPTER 4POLICE INTERVIEW
Pt. 1 Chs. 1-6 applied (with modifications) (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 3 Pt. 3 (with art. 7, Sch. 3 Pts. 5, 6)
Pt. 1 Chs. 1-6 applied (with modifications) (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 3 Pt. 2 (with art. 7, Sch. 3 Pts. 5, 6)
Pt. 1 Chs. 1-6 applied (with modifications) (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 3 Pt. 4 (with art. 7, Sch. 3 Pts. 5, 6)
Pt. 1 Chs. 1-6 applied (with modifications) (25.1.2018) by The Police Investigations and Review Commissioner (Application and Modification of the Criminal Justice (Scotland) Act 2016) Order 2017 (S.S.I. 2017/465), arts. 1-4
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).
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))