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This is the original version (as it was originally enacted).
(1)The sheriff may, if satisfied—
(a)that the information which the fiscal presents under section 33 ostensibly discloses a breach of a banning order or temporary banning order, and
(b)that there is a substantial risk that the detained person will breach the order again,
by order authorise the continuation of the detention for a period of not more than 2 days (not counting days which are not court days).
(2)Where the sheriff refuses to authorise such a continuation, the detained person must be released from custody (unless that person is in custody in respect of any other matter).
(3)Before deciding whether to grant an order under this section, the sheriff must give the detained person the opportunity to make representations.
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Text created by the Scottish Executive department responsible for the subject matter of the Act 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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