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Adult Support and Protection (Scotland) Act 2007

Section 29 – Police duties after arrest

45.Following an arrest under section 28, the officer in charge of the police station must detain the arrested person in custody until the person is either brought before the sheriff or accused on petition or charged on complaint with a criminal offence arising from the incident for which he or she is arrested. The officer in charge must also ensure that the facts and circumstances which gave rise to the arrest are communicated to the procurator fiscal as soon as is practicable. This is linked to the procurator fiscal’s duty to present a petition to the sheriff setting out the relevant facts and circumstances on the first available court day after arrest (see section 33).

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