Criminal Procedure (Scotland) Act 1975

296 Police liberation or detention of children arrested. S

(1) Where a person who is apparently a child is apprehended, with or without warrant, and cannot be brought forthwith before a sheriff sitting summarily, a superintendent or inspector of police, or other officer of police of equal or superior rank, or the officer in charge of the police station to which he is brought, shall inquire into the case, and may liberate him on an [F1 undertaking] that he will attend at the hearing of the charge being entered into by him or his parent or guardian [F2 ; and such undertaking shall be in writing, signed by the child or the parent or guardian as the case may be, and certified by the said officer; and the said officer shall so liberate the child unless—]

(a) the charge is one of homicide or other grave crime; or

(b) it is necessary in his interest to remove him from association with any reputed criminal or prostitute; or

(c) the officer has reason to believe that his liberation would defeat the ends of justice.

(2) Where a person who is apparently a child having been apprehended is not so liberated as aforesaid, the officer of police shall cause him to be detained in a place of safety other than a police station until he can be brought before a sheriff sitting summarily unless the officer certifies—

(a) that it is impracticable to do so; or

(b) that he is of so unruly a character that he cannot safely be so detained; or

(c) that by reason of his state of health or of his mental or bodily condition it is inadvisable so to detain him;

and the certificate shall be produced to the court before which he is brought.

(3) Where a person who is apparently a child has been detained under this section and is not so liberated as aforesaid and it is decided not to proceed with the charge against him a constable shall so inform the reporter of the local authority for the area in which the child is detained, and the child may continue to be detained in a place of safety until the reporter has decided on the course that should be taken with regard to the child under the provisions of Part III of the M1 Social Work (Scotland) Act 1968.

(4) A child shall not continue to be detained under this section—

(a) where the reporter considers the child does not require compulsory measures of care.

(b) after the day on which a children’s hearing first sit to consider his case in pursuance of section 37(4) of the Social Work (Scotland) Act 1968, or

(c) for a period exceeding seven days.

[F3 (5) Any person, who without reasonable excuse is in breach of an undertaking entered into by him under subsection (1) above after having been given due notice of the time and place of the diet . . . F4 , shall be guilty of an offence, and liable on summary conviction in addition to any other penalty which it is competent for the court to impose on him, to a fine not exceeding [F5 level 3 on the standard scale].

(6) In any proceedings relating to an offence under this section, a writing, purporting to be such an undertaking as is mentioned in subsection (1) above and bearing to be signed and certified, shall be sufficient evidence of the undertaking given by the accused.]

Textual Amendments

F1 Word substituted by Bail etc. (Scotland) Act 1980 (c. 4, SIF 39:1), s. 9(a)

F2 Words substituted by Bail etc. (Scotland) Act 1980 (c. 4, SIF 39:1), s. 9(a)

F3 S. 296(5) added by Bail etc. (Scotland) Act 1980 (c. 4, SIF 39:1), s. 9(b)

F4 S. 127(5) inserted (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) by 1995 c. 20, s. 117(1), Sch. 6 Pt. I para. 44(d); S.I. 1996/517, arts. 3(a), 4-6, Sch. 2

F5 S. 128(1)(1A)(1B) substituted (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) for s. 128(1) by 1995 c. 20, s. 30(2); S.I. 1996/517, arts. 3(2), 4-6, Sch. 2

Marginal Citations

M1 1968 c. 49(81:3).