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Criminal Justice (Scotland) Act 2016
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Criminal Justice (Scotland) Act 2016, Section 4 is up to date with all changes known to be in force on or before 08 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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4Arrested person to be taken to police stationS
This section has no associated Explanatory Notes
(1)Where a person is arrested by a constable outwith a police station, a constable must take the person as quickly as is reasonably practicable to a police station.
[F1(1A)But subsection (1) need not be complied with if—
(a)either the warrant under which the person was arrested or an enactment requires that following the arrest the person be taken to a particular place (other than a police station), and
(b)the taking of the person to that place would be unnecessarily delayed by taking the person to a police station first.]
(2)Subsection (1) ceases to apply, and the person must be released from police custody immediately, if—
(a)the person has been arrested [F2in respect of an offence] without a warrant,
(b)the person has not yet arrived at a police station in accordance with this section, and
(c)in the opinion of a constable there are no reasonable grounds for suspecting that the person has committed—
(i)the offence in respect of which the person was arrested, or
(ii)an offence arising from the same circumstances as that offence.
(3)For the avoidance of doubt, subsection (1) ceases to apply if, before arriving at a police station in accordance with this section, the person is released from custody under—
(a)section 25(2), or
(b)section 28(3A) of the 1995 Act.
Textual Amendments
F1S. 4(1A) inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Modification of Part 1 and Ancillary Provision) Regulations 2017 (S.S.I. 2017/453), regs. 1, 2(3)(a)
F2Words in s. 4(2)(a) inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Modification of Part 1 and Ancillary Provision) Regulations 2017 (S.S.I. 2017/453), regs. 1, 2(3)(b)
Commencement Information
I1S. 4 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)
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