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Changes over time for: Section 28A


Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Status:
Point in time view as at 05/11/2021.
Changes to legislation:
Criminal Procedure (Scotland) Act 1995, Section 28A is up to date with all changes known to be in force on or before 09 March 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.

Changes to Legislation
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[28AApplication of the Criminal Justice (Scotland) Act 2016 to persons arrested and detained under section 28S
(1)Section 7(2) of the Criminal Justice (Scotland) Act 2016 (“the 2016 Act”) does not apply to an accused who has been arrested under section 28(1) of this Act.
(2)The following provisions of the 2016 Act apply in relation to a person who is to be brought before a court under section 28(2) or (3) of this Act as they apply in relation to a person who is to be brought before a court in accordance with section 21(2) of the 2016 Act—
(a)section 22,
(b)section 23,
(c)section 24.
(3)In relation to a person who is to be brought before a court under section 28(2) or (3) of this Act, the 2016 Act applies as though—
(a)in section 23(2)—
(i)for paragraph (c) there were substituted—
“(c)that the person is to be brought before the court under section 28 of the 1995 Act in order for the person's bail to be considered.”, and
(ii)paragraph (d) were omitted,
(b)in section 24—
(i)in subsection (3)(c), for the words “after being officially accused” there were substituted “ after being informed that the person is to be brought before a court under section 28(2) or (3) of the 1995 Act ”, and
(ii)in subsection (4), for paragraph (c) there were substituted—
“(c)that the person is to be brought before the court under section 28 of the 1995 Act in order for the person's bail to be considered.”,
(c)in section 43(1), for paragraph (d) there were substituted—
“(d)the court before which the person is to be brought under section 28(2) or (3) of the 1995 Act and the date on which the person is to be brought before that court.”.]
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