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Criminal Justice (Scotland) Act 2016

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Criminal Justice (Scotland) Act 2016, Section 18 is up to date with all changes known to be in force on or before 20 August 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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18Modification or removal of conditionsS
This section has no associated Explanatory Notes

(1)A constable may by notice modify or remove a condition imposed under section 16(2).

(2)A notice under subsection (1)—

(a)is to be given in writing to the person who is subject to the condition,

(b)must specify the time from which the condition is modified or removed.

(3)A constable of the rank of inspector or above must keep under review whether or not—

(a)there are reasonable grounds for suspecting that a person who is subject to a condition imposed under section 16(2) has committed a relevant offence, and

(b)the condition imposed remains necessary and proportionate for the purpose of ensuring the proper conduct of the investigation into a relevant offence.

(4)Where the constable referred to in subsection (3) is no longer satisfied as to the matter mentioned in paragraph (a) of that subsection, a constable must give notice to the person removing any condition imposed in connection with a relevant offence.

(5)Where the constable referred to in subsection (3) is no longer satisfied as to the matter mentioned in paragraph (b) of that subsection, a constable must give notice to the person—

(a)modifying the condition in question, or

(b)removing it.

(6)Where a duty to give notice to a person arises under subsection (4) or (5), the notice—

(a)is to be given in writing to the person as soon as practicable, and

(b)must specify, as the time from which the condition is modified or removed, the time at which the duty to give the notice arose.

(7)The modification or removal of a condition under subsection (1), (4) or (5) requires the authority of a constable of the rank of inspector or above.

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

(a)the offence in connection with which the condition was imposed, or

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

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Commencement Information

I1S. 18 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

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