Civil Partnership Act 2004

115 Police powers after arrest

(1) Where a person has been arrested under section 114(4), the officer in charge of a police station may—

(a) if satisfied that there is no likelihood of violence to the applicant civil partner or any child of the family, liberate that person unconditionally, or

(b) refuse to liberate that person.

(2) For such refusal and the detention of that person until appearance in court by virtue of section 116(2) or of any provision of the Criminal Procedure (Scotland) Act 1975 (c. 21) the officer is not to be subjected to any claim whatsoever.

(3) Where a person arrested under section 114(4) is liberated under subsection (1), the facts and circumstances which gave rise to the arrest are to be reported forthwith to the procurator fiscal who, if he decides to take no criminal proceedings in respect of those facts and circumstances, is at the earliest opportunity to take all reasonable steps to intimate his decision to the persons mentioned in paragraphs (a) and (b) of section 116(5).