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Criminal Justice (Scotland) Act 2016

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28Rescission of undertaking
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(a)the undertaking referred to in subsection (4) or (as the case may be) (6) is rescinded, and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).

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