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Criminal Justice (Scotland) Act 2016
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Criminal Justice (Scotland) Act 2016, Section 28 is up to date with all changes known to be in force on or before 14 December 2024. 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.
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Changes and effects yet to be applied to Section 28:
- Act expiry of affecting provision 2022 asp 8, sch. para. 15 by S.S.I. 2023/360 reg. 2(a)
- s. 38(7)(a) words renumbered as s. 38(7)(a) by 2024 asp 5 s. 15(6)(a)
- s. 38(7)(b) and word inserted by 2024 asp 5 s. 15(6)(b)
- s. 41(1A) inserted by 2024 asp 5 s. 15(7)(b)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act expiry of affecting provision 2022 asp 8, sch. para. 15 by S.S.I. 2023/360 reg. 2(a)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 38(7)(a) words renumbered as s. 38(7)(a) by 2024 asp 5 s. 15(6)(a)
- s. 38(7)(b) and word inserted by 2024 asp 5 s. 15(6)(b)
- s. 41(1A) inserted by 2024 asp 5 s. 15(7)(b)
28Rescission of undertakingS
This section has no associated Explanatory Notes
(1)The procurator fiscal may by notice rescind an undertaking given under section 25(2)(a) (whether or not the person who gave it is to be prosecuted).
(2)The rescission of an undertaking by virtue of subsection (1) takes effect at the end of the day on which the notice is sent.
(3)Notice under subsection (1) must be effected in a manner by which citation may be effected under section 141 of the 1995 Act.
(4)A constable may arrest a person without a warrant if the constable has reasonable grounds for suspecting that the person is likely to fail to comply with the terms of an undertaking given under section 25(2)(a).
(5)Where a person is arrested under subsection (4) or subsection (6) applies—
(a)the undertaking referred to in subsection (4) or (as the case may be) (6) is rescinded, and
(b)this Part applies as if the person, since being most recently arrested, has been charged with the offence in connection with which the person was in police custody when the undertaking was given.
(6)This subsection applies where—
(a)a person who is subject to an undertaking given under section 25(2)(a) is in police custody (otherwise than as a result of having been arrested under subsection (4)), and
(b)a constable has reasonable grounds for suspecting that the person has failed, or (if liberated) is likely to fail, to comply with the terms of the undertaking.
(7)The references in subsections (4) and (6)(b) to the terms of the undertaking are to the terms of the undertaking subject to any modification by—
(a)notice under section 27(1), or
(b)the sheriff under section 30(3)(b).
Commencement Information
I1S. 28 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)
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