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Criminal Justice (Scotland) Act 2016

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This is the original version (as it was originally enacted).

4Arrested person to be taken to police station
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.

(2)Subsection (1) ceases to apply, and the person must be released from police custody immediately, if—

(a)the person has been arrested 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.

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