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PART 1SARREST AND CUSTODY

Modifications etc. (not altering text)

C1Pt. 1 applied (with modifications) by 2003 c. 20, s. 31A (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 2 para. 2 (with art. 6))

C2Pt. 1 applied (with modifications) by 1994 c. 33, s. 137ZA (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 1 para. 4 (with art. 5(2)))

C3Pt. 1 applied (with modifications) by 2004 c. 20, s. 56A (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 2 para. 3 (with art. 6))

C4Pt. 1 applied (with modifications) by 1987 c. 4, s. 2D (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 2 para. 1 (with art. 6))

CHAPTER 2SCUSTODY: PERSON NOT OFFICIALLY ACCUSED

Keeping person in custodyS

7Authorisation for keeping in custodyS

(1)Subsection (2) applies where—

(a)a person is in police custody having been arrested [F1in respect of an offence] without a warrant, and

(b)since being arrested, the person has not been charged with an offence by a constable.

(2)Authorisation to keep the person in custody must be sought as soon as reasonably practicable after 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.

(3)Authorisation may be given only by a constable who—

(a)is of the rank of sergeant or above, and

(b)has not been involved in the investigation in connection with which the person is in police custody.

(4)Authorisation may be given only if that constable is satisfied that the test in section 14 is met.

(5)If authorisation is refused, the person may continue to be held in police custody only if—

(a)a constable charges the person with an offence, or

(b)the person is detained under section 28(1A) of the 1995 Act (which allows for detention in connection with a breach of bail conditions).

Textual Amendments

Modifications etc. (not altering text)

C10S. 7(2) excluded by 1995 c. 46, s. 28A(1) (as inserted (25.1.2018) by Criminal Justice (Scotland) Act 2016 (asp 1), s. 117(2), sch. 2 para. 30; S.S.I. 2017/345, art. 3, sch.)

Commencement Information

I1S. 7 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with arts. 4, 6)