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Criminal Justice (Scotland) Act 2016

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This is the original version (as it was originally enacted).

12Information to be given on authorisation under section 11
This section has no associated Explanatory Notes

(1)This section applies when authorisation to keep a person in custody is given under section 11.

(2)The person must be informed—

(a)that the authorisation has been given, and

(b)of the grounds on which it has been given.

(3)The person—

(a)has the right to have the information mentioned in subsection (2) intimated to a solicitor, and

(b)must be informed of that right.

(4)The person must be reminded about any right which the person has under Chapter 5.

(5)Subsection (4) does not require that a person be reminded about a right to have intimation sent under either of the following sections if the person has exercised the right already—

(a)section 38,

(b)section 43.

(6)Information to be given under subsections (2), (3)(b) and (4) must be given to the person as soon as reasonably practicable after the authorisation is given.

(7)Where the person requests that intimation be sent under subsection (3)(a), the intimation must be sent as soon as reasonably practicable.

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