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Criminal Procedure (Scotland) Act 1995
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Changes over time for: Section 156
Version Superseded: 01/02/2005
Alternative versions:
- 01/04/1996- Amendment
- 27/06/2003
Point in time - 01/02/2005- Amendment
- 10/03/2008- Amendment
- 31/07/2017- Amendment
Status:
Point in time view as at 27/06/2003. This version of this provision has been superseded.
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Criminal Procedure (Scotland) Act 1995, Section 156 is up to date with all changes known to be in force on or before 07 January 2025. 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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156 Apprehension of witness.S
(1)Where a witness, having been duly cited, fails to appear at the diet fixed for his attendance and no just excuse is offered by him or on his behalf, the court may, if it is satisfied that he received the citation or that its contents came to his knowledge, issue a warrant for his apprehension.
(2)Where the court is satisfied by evidence on oath that a witness is not likely to attend to give evidence without being compelled so to do, it may issue a warrant for his apprehension.
(3)A warrant of apprehension of a witness in the form mentioned in section 135(1) of this Act shall imply warrant to officers of law to search for and apprehend the witness, and to detain him in a police station, police cell, or other convenient place, until—
(a)the date fixed for the hearing of the case; or
(b)the date when security to the amount fixed under subsection (4) below is found,
whichever is the earlier.
(4)A witness apprehended under a warrant under subsection (1) or (2) above shall, wherever practicable, be brought immediately by the officer of law who executed that warrant before a justice, who shall fix such sum as he considers appropriate as security for the appearance of the witness at all diets.
Modifications etc. (not altering text)
C1S. 156 applied (26.4.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 15, 30, 31, 94, Sch. 1 para. 2, Sch. 2 para. 2; S.I. 2004/786, art. 3
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