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Changes over time for: Section 25


Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Status:
Point in time view as at 01/10/2022.
Changes to legislation:
Criminal Justice (Scotland) Act 2016, Section 25 is up to date with all changes known to be in force on or before 28 July 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.

Changes to Legislation
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25Liberation by policeS
This section has no associated Explanatory Notes
(1)Subsection (2) applies when—
(a)a person is in police custody having been arrested under a warrant (other than a warrant granted under section 37(1)), or
(b)a person—
(i)is in police custody having been arrested without a warrant, and
(ii)since being arrested, the person has been charged with an offence by a constable.
(2)A constable may—
(a)if the person gives an undertaking in accordance with section 26, release the person from custody,
(b)release the person from custody without such an undertaking,
(c)refuse to release the person from custody.
(3)Where a person is in custody as mentioned in subsection (1)(a), the person may not be released from custody under subsection (2)(b).
(4)A constable is not to be subject to any claim whatsoever by reason of having refused to release a person from custody under subsection (2)(c).
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