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Criminal Procedure (Scotland) Act 1995

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Changes over time for: Section 135

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Version Superseded: 25/01/2018

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135 Warrants of apprehension and search.S

(1)A warrant of apprehension or search may be in the form prescribed by Act of Adjournal or as nearly as may be in such form, and any warrant of apprehension or search shall, where it is necessary for its execution, imply warrant to officers of law to break open shut and lockfast places.

(2)A warrant of apprehension of an accused in the form mentioned in subsection (1) above shall imply warrant to officers of law to search for and to apprehend the accused, and to bring him before the court issuing the warrant, or before any other court competent to deal with the case, to answer to the charge on which such warrant is granted, and, in the meantime, until he can be so brought, to detain him in a police station, police cell, or other convenient place.

(3)A person apprehended under a warrant or by virtue of power under any enactment or rule of law shall wherever practicable [F1(if not liberated under section 22(1B)(a) of this Act)] be brought before a court competent to deal with the case not later than in the course of the first day [F2on which the court is sitting] after he is taken into custody.

(4)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)A warrant of apprehension or other warrant shall not be required for the purpose of bringing before the court an accused who has been apprehended without a written warrant or who attends without apprehension in answer to any charge made against him.

Textual Amendments

F1 Words in s. 135(3) inserted (10.3.2008) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6) , ss. 7(3) , 84 ; S.S.I. 2008/42 , art. 3 , Sch. (subject to art. 4 )

Modifications etc. (not altering text)

C1 S. 135(3) excluded (19.2.2001) by 2000 c. 11 , ss. 41 , 53 , Sch. 7 para. 6 , Sch. 8 para. 27(4)(a) ; S.I. 2001/421 , art. 2

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