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Criminal Justice (Scotland) Act 2016

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This is the original version (as it was originally enacted).

37Arrest to facilitate questioning
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.

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