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Criminal Justice (Scotland) Act 2016

Section 6 – Information to be recorded by police

29.Section 6 details the information which must be recorded by a constable when a person is arrested under section 1.

30.Section 6(1) provides a list of the information to be recorded in respect of all arrests.

31.Section 6(2)(a) requires a constable who has released a person from custody under section 4(2) to record the reasons why that constable formed the opinion that there are no reasonable grounds for suspecting that the person committed the offence for which they were arrested. Section 6(2)(b) to (5) specifies the information that must be recorded in relation to a person arrested and held in police custody (defined in section 64) but not officially charged with an offence e.g. the time the person is informed of his right to silence under section 5 and right of intimation to another person and a solicitor under sections 38 and 43; the timing and outcome of a police decision on whether to authorise their continued custody; the time and outcome of any review of continued custody; the time a person is released from custody on conditions or charged.

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