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Criminal Justice (Scotland) Act 2016

Section 21 – Person to be brought before court

61.Sections 21(1) and (2) provide that, wherever practicable, persons kept in custody after being arrested under a warrant or arrested without a warrant and subsequently charged with an offence by a constable, must be brought before a court by the end of the next court day. For example, a person arrested at 11pm on a Tuesday and charged with an offence at 2am on the Wednesday would be due in court not later than the end of the court’s sitting on the Thursday.

62.Section 21(3) provides for persons to be considered to be brought before a court if appearing by television link.

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