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This is the original version (as it was originally enacted).
Where a person is brought before the sheriff under section 32, the fiscal must present to the sheriff a petition—
(a)giving the detained person’s particulars,
(b)stating the facts and circumstances which gave rise to the arrest,
(c)giving any information known to the fiscal—
(i)about the circumstances which gave rise to the banning order or temporary banning order concerned, and
(ii)which is relevant to an assessment of whether the detained person is likely to breach that order again, and
(d)requesting the sheriff to consider whether a longer period of detention is justified.
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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
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