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Criminal Justice (Scotland) Act 2016

Section 11 – Authorisation for keeping in custody beyond 12 hour limit

38.Section 11(1) contains provisions to allow for an extension of the time in which a person may be kept in police custody for a further 12 hours after the initial 12 hours ends.

39.Section 11(2) provides that the authorisation to extend that custody must be given by a constable of the rank of inspector or above who has not been involved in the investigation in connection with which the person is in custody. Authorisation to extend custody may only be given if the tests set out in section 11(3)(a) and (b) are met. Further, for a person under 18 years of age authorisation must be given by an officer of the rank of Chief Inspector or above who has not been involved in the investigation in connection with which the person is in custody.

40.Section 11(4) places a duty on the authorising constable to, where practicable, allow the person or if the person wishes, the person’s solicitor, to make representations either orally or in writing, and to have regard to any such representations.

41.Section 11(5) clarifies that any authorisation to extend beyond the initial 12 hours is deemed to have been withdrawn if the person is released prior to those initial 12 hours elapsing.

42.Section 11(6) and (7) provide that after the expiry of the further 12 hours the person can only continue to be held in police custody if charged; but permits a person to be detained beyond 12 hours when they are held for a bail review under section 28(1A) of the 1995 Act.

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