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Matrimonial Homes (Family Protection) (Scotland) Act 1981
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16Police powers after arrest
(1)Where a person has been arrested under section 15(3) of this Act, the officer in charge of a police station may—
(a)if satisfied that there is no likelihood of violence to the applicant spouse or any child of the family, liberate that person unconditionally ; or
(b)refuse to liberate that person ; and such refusal and the detention of that person until his or her appearance in court by virtue of—
(i)section 17(2) of this Act; or
(ii)any provision of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975, shall not subject the officer to any claim whatsoever.
(2)Where a person arrested under section 15(3) of this Act is liberated under subsection (1) above, the facts and circumstances which gave rise to the arrest shall be reported forthwith to the procurator fiscal who, if he decides to take no criminal proceedings in respect of those facts and circumstances, shall at the earliest opportunity take all reasonable steps to intimate his decision to the persons mentioned in paragraphs (a) and (b) of section 17(4) of this Act.
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