http://www.legislation.gov.uk/asp/2003/7/section/49/2017-05-05Criminal Justice (Scotland) Act 2003An Act of the Scottish Parliament to make provision in relation to criminal justice, criminal procedure and evidence in criminal proceedings; to make provision as to the arrest, sentencing, custody and release of offenders and the obtaining of reports in relation to offenders; to make provision for the provision of assistance by local authorities to persons who are arrested and are in police custody or who are subject to a deferred sentence and for the making of grants to local authorities exercising jointly certain functions in relation to offenders and other persons; to make provision for the protection of the public at large from persons with a propensity to commit certain offences and for the establishment of the Risk Management Authority; to make provision for the granting of certain rights to the victims of crime; to make provision as to the jurisdiction of courts and the designation of certain courts as drugs courts; to make provision in relation to the physical punishment of children; to create offences in connection with traffic in prostitution or for purposes connected with pornography; to make provision as to the criminal law as it relates to bribery and the acceptance of bribes; to make provision in relation to criminal legal assistance; to require the aggravation of an offence by religious prejudice to be taken into account in sentencing; to make provision as respects police ranks and the powers and duties of certain civilians employed by police authorities; to make provision for the disqualification of convicted persons from jury service in both criminal and civil proceedings and for the separation of juries after retiral; to make provision for the use of live television links between prisons and courts; to make provision in relation to warrants to search; to amend Part V of the Police Act 1997 in its application to Scotland; to make provision in relation to the prohibition of certain matters in respect of cases referred to the Principal Reporter; to amend the law relating to penalties for wildlife offences; and for connected purposes.texttext/xmlenStatute Law Database2025-07-21Expert Participation2017-05-05 Part 6 Non-custodial punishmentsPower of arrest where breach of non-harassment order491In section 234A (non-harassment orders) of the 1995 Act—ain subsection (4), the words “found to be” are repealed;bafter that subsection there is inserted—4AA constable may arrest without warrant any person he reasonably believes is committing or has committed an offence under subsection (4) above.4BSubsection (4A) above is without prejudice to any power of arrest conferred by law apart from that subsection..2In section 9 (breach of non-harassment order) of the Protection from Harassment Act 1997 (c. 40)—ain subsection (1), the words “found to be” are repealed;bafter subsection (2) there is inserted—3A constable may arrest without warrant any person he reasonably believes is committing or has committed an offence under subsection (1).4Subsection (3) is without prejudice to any power of arrest conferred by law apart from that subsection..