Criminal Justice (Scotland) Act 2016

Criminal Justice (Scotland) Act 2016

2016 asp 1

Overview of the Act

Part 1 – Arrest and Custody

Chapter 2 – Custody: person not officially accused

Keeping person in custody

Section 9 – 12 hour limit: general rule

36. Section 9 provides that a person may not continue to be held in custody after a continuous period of 12 hours unless that person is then charged with an offence by a constable or authorisation has been given to extend that arrest for a further 12 hours under section 11. The period of 12 hours begins at the point when authorisation to keep a person in custody is given by a constable in accordance with section 7. After the expiry of 12 hours, if the person is not charged, they must be released, perhaps conditionally, if appropriate (see section 16). A person may also be detained in custody beyond 12 hours without charge where they are held for a bail review court hearing under section 28(1A) of the 1995 Act.