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Criminal Justice (Scotland) Act 2016

Section 25 – Liberation by police

67.Section 25(1) and (2) provide that where a person is in custody having been charged with an offence, the police may: release that person on an undertaking under section 26, release the person without an undertaking or refuse to release. (Note the provisions do not apply where a person is in custody by virtue of a warrant granted under section 37(1)). It is also relevant to note that under section 50 a constable must take every precaution to ensure that a person is not unreasonably or unnecessarily held in police custody.

68.Section 25(3) provides that where a person is in police custody on a warrant as contained within sub-section (1)(b), the person will not be allowed to be released without an undertaking as provided for in sub-section (2)(b).

69.Section 25(4) provides that a constable will not be liable to any claim because of a refusal to release a person from custody under subsection (2)(c).

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