C4C2C5C3C9PART 1ARREST AND CUSTODY

Annotations:
Modifications etc. (not altering text)
C4

Pt. 1 applied (with modifications) by 2003 c. 20, s. 31A (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 2 para. 2 (with art. 6))

C2

Pt. 1 applied (with modifications) by 1994 c. 33, s. 137ZA (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 1 para. 4 (with art. 5(2)))

C5

Pt. 1 applied (with modifications) by 2004 c. 20, s. 56A (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 2 para. 3 (with art. 6))

C3

Pt. 1 applied (with modifications) by 1987 c. 4, s. 2D (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 2 para. 1 (with art. 6))

C4C2C7C5C6C3C8C1C9CHAPTER 2CUSTODY: PERSON NOT OFFICIALLY ACCUSED

Annotations:
Modifications etc. (not altering text)

Keeping person in custody

I114Test for sections 7, 11 and 13

1

For the purposes of sections 7(4), 11(3)(b) and 13(2), the test is that—

a

there are reasonable grounds for suspecting that the person has committed an offence, and

b

keeping the person in custody is necessary and proportionate for the purposes of bringing the person before a court or otherwise dealing with the person in accordance with the law.

2

Without prejudice to the generality of subsection (1)(b), in considering what is necessary and proportionate for the purpose mentioned in that subsection regard may be had to—

a

whether the person's presence is reasonably required to enable the offence to be investigated fully,

b

whether the person (if liberated) would be likely to interfere with witnesses or evidence, or otherwise obstruct the course of justice,

c

the nature and seriousness of the offence.