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Criminal Justice (Scotland) Act 2016
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Criminal Justice (Scotland) Act 2016, Section 37 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 37:
- 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)
37Arrest to facilitate questioningS
This section has no associated Explanatory Notes
(1)On granting authorisation under section 35, the court may also grant a warrant for the person's arrest if it seems to the court expedient to do so.
(2)The court must specify in a warrant granted under subsection (1) the maximum period for which the person may be detained under it.
(3)The person's detention under a warrant granted under subsection (1) must end as soon as—
(a)the period of the person's detention under the warrant becomes equal to the maximum period specified under subsection (2),
(b)the authorisation ceases to apply (see section 36(4)), or
(c)in the opinion of the constable responsible for the investigation into the offence referred to in section 35(1), there are no longer reasonable grounds for suspecting that the person has committed—
(i)that offence, or
(ii)an offence arising from the same circumstances as that offence.
(4)For the purpose of subsection (3)(a), the period of the person's detention under the warrant begins when the person—
(a)is arrested at a police station, or
(b)arrives at a police station, having been taken there in accordance with section 4.
(5)For the avoidance of doubt—
(a)if the person is on bail when a warrant under subsection (1) is granted, the order admitting the person to bail is not impliedly recalled by the granting of the warrant,
(b)if the person is on bail when arrested under a warrant granted under subsection (1)—
(i)despite being in custody by virtue of the warrant the person remains on bail for the purpose of section 24(5)(b) of the 1995 Act,
(ii)when the person's detention under the warrant ends, the bail order continues to apply as it did immediately before the person's arrest,
(c)if the person is subject to an undertaking given under section 25(2)(a), the person remains subject to the undertaking despite—
(i)the granting of a warrant under subsection (1),
(ii)the person's arrest and detention under it.
Commencement Information
I1S. 37 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 8)
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