Adult Support and Protection (Scotland) Act 2007 (asp 10)

Part 1 S Protection of adults at risk of harm

Modifications etc. (not altering text)

C1 Pt. 1 modified (31.3.2012) by The Community Care and Health (Scotland) Act 2002 (Incidental Provision) (Adult Support and Protection) Order 2012 (S.S.I. 2012/66), arts. 1(1), 2

Banning orders S

28 Arrest for breach of banning order S

(1) A constable may arrest without warrant the subject of any banning order, or temporary banning order, to which a power of arrest is attached if the constable—

(a) reasonably suspects the subject to be breaching, or to have breached, the order, and

(b) considers that there would, if the subject were not arrested, be a risk of the subject breaching the order again.

(2) The constable must—

(a) immediately inform the arrested person of the reason for the arrest, and

(b) take the arrested person as quickly as is reasonably practicable to a police station.

Commencement Information

I1 S. 28 in force at 29.10.2008 by S.S.I. 2008/314, art. 2