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Criminal Justice (Scotland) Act 2016

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This is the original version (as it was originally enacted).

Interpretation of Part

62Meaning of constable

In this Part, “constable” has the meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 2012.

63Meaning of officially accused

For the purposes of this Part, a person is officially accused of committing an offence if—

(a)a constable charges the person with the offence, or

(b)the prosecutor initiates proceedings against the person in respect of the offence.

64Meaning of police custody

(1)For the purposes of this Part, a person is in police custody from the time the person is arrested by a constable until any one of the events mentioned in subsection (2) occurs.

(2)The events are—

(a)the person is released from custody,

(b)the person is brought before a court in accordance with section 21(2),

(c)the person is brought before a court under section 28(2) or (3) of the 1995 Act,

(d)the Principal Reporter makes a direction under section 65(2)(b) of the Children’s Hearings (Scotland) Act 2011 that the person continue to be kept in a place of safety.

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