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Criminal Justice (Scotland) Act 2016
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Criminal Justice (Scotland) Act 2016, Section 21 is up to date with all changes known to be in force on or before 22 August 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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21Person to be brought before courtS
This section has no associated Explanatory Notes
(1)Subsection (2) applies to a person when—
(a)the person is in police custody having been arrested under a warrant [F1granted for the purpose of having the person brought before a court in connection with an offence which the person is officially accused of committing], or
(b)the person—
(i)is in police custody having been arrested [F2in respect of an offence] without a warrant, and
(ii)since being arrested, the person has been charged with an offence by a constable.
(2)The person must be brought before a court (unless released from custody under section 25)—
(a)if practicable, before the end of the first day on which the court is sitting after the day on which this subsection began to apply to the person, or
(b)as soon as practicable after that.
(3)A person is deemed to be brought before a court in accordance with subsection (2) if the person appears before it by means of a live television link (by virtue of a determination by the court that the person is to do so by such means).
Textual Amendments
F1Words in s. 21(1)(a) substituted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Modification of Part 1 and Ancillary Provision) Regulations 2017 (S.S.I. 2017/453), regs. 1, 2(6)(a)
F2Words in s. 21(1)(b) inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Modification of Part 1 and Ancillary Provision) Regulations 2017 (S.S.I. 2017/453), regs. 1, 2(6)(b)
Commencement Information
I1S. 21 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)
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