Criminal Justice (Scotland) Act 2016

16 Release on conditions

(1) Subsection (2) applies where—

(a) a person is being held in police custody by virtue of authorisation given under section 7,

(b) a constable has reasonable grounds for suspecting that the person has committed a relevant offence, and

(c) either—

(i) the person has not been subject to a condition imposed under subsection (2) in connection with a relevant offence, or

(ii) it has not been more than 28 days since the first occasion on which a condition was imposed on the person under subsection (2) in connection with a relevant offence.

(2) If releasing the person from custody, a constable may impose any condition that an appropriate constable considers necessary and proportionate for the purpose of ensuring the proper conduct of the investigation into a relevant offence (including, for example, a condition aimed at securing that the person does not interfere with witnesses or evidence).

(3) A condition under subsection (2)—

(a) may not require the person to be in a specified place at a specified time,

(b) may require the person—

(i) not to be in a specified place, or category of place, at a specified time, and

(ii) to remain outwith that place, or any place falling within the specified category (if any), for a specified period.

(4) A condition imposed under subsection (2) is a liberation condition for the purposes of schedule 1.

(5) In subsection (2), “an appropriate constable” means a constable of the rank of sergeant or above.

(6) In this section, “a relevant offence” means—

(a) the offence in connection with which the authorisation under section 7 has been given, or

(b) an offence arising from the same circumstances as that offence.