Criminal Justice (Scotland) Act 2016, Section 49 is up to date with all changes known to be in force on or before 20 May 2025. 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.
(1)Where—
(a)a person is liable to be arrested in respect of an offence by a constable without a warrant, and
(b)the constable is of the opinion that the person is drunk,
the constable may take the person to a designated place (and do so instead of arresting the person).
(2)Nothing done under subsection (1)—
(a)makes a person liable to be held unwillingly at a designated place, or
(b)prevents a constable from arresting the person in respect of the offence referred to in that subsection.
(3)In this section, “designated place” is any place designated by the Scottish Ministers for the purpose of this section as a place suitable for the care of drunken persons.
Commencement Information
I1S. 49 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.
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