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Criminal Justice (Scotland) Act 2016

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This is the original version (as it was originally enacted).

Person not officially accused

34Questioning following arrest

(1)Subsections (2) and (4) apply where—

(a)a person is in police custody in relation to an offence, and

(b)the person has not been officially accused of committing the offence or an offence arising from the same circumstances as the offence.

(2)A constable may put questions to the person in relation to the offence.

(3)For the avoidance of doubt, nothing in this section is to be taken to mean that a constable cannot put questions to the person in relation to any other matter.

(4)The person is under no obligation to answer any question, other than to give the following information—

(a) the person’s name,

(b)the person’s address,

(c)the person’s date of birth,

(d)the person’s place of birth (in such detail as a constable considers necessary or expedient for the purpose of establishing the person’s identity), and

(e)the person’s nationality.

(5)Subsection (2) is without prejudice to any rule of law as regards the admissibility in evidence of any answer given.

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