Part 2Post-charge questioning of terrorist suspects
23Post-charge questioning: Scotland
1
The following provisions apply in Scotland.
2
On the application of the prosecutor, a sheriff may authorise the questioning of a person about an offence—
a
after the person has been charged with the offence, or
b
after the person has appeared on petition in respect of the offence,
if the offence is a terrorism offence or it appears to the sheriff that the offence has a terrorist connection.
3
The sheriff—
a
must specify the period during which questioning is authorised, and
b
may impose such conditions as appear to be necessary in the interests of justice, which may include conditions as to the place where the questioning is to be carried out.
4
The period during which questioning is authorised—
a
begins when questioning pursuant to the authorisation begins and runs continuously from that time (whether or not questioning continues), and
b
must not exceed 48 hours.
This is without prejudice to any application for a further authorisation under this section.
5
Where the person is in prison or otherwise lawfully detained, the sheriff may authorise the person's removal to another place and detention there for the purpose of being questioned.
6
A sheriff must not authorise the questioning of a person under this section unless satisfied—
a
that further questioning of the person is necessary in the interests of justice,
b
that the investigation for the purposes of which the further questioning is proposed is being conducted diligently and expeditiously, and
c
that what is authorised will not interfere unduly with the preparation of the person's defence to the charge in question or any other criminal charge.
7
Evidence of any statement obtained from a person as a result of questioning under this section is not inadmissible solely because the questioning occurred after the person had been charged (or had appeared on petition).
8
In this section “charged” means charged by the police.