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PART 1ARREST AND CUSTODY

CHAPTER 3CUSTODY: PERSON OFFICIALLY ACCUSED

Police liberation

30Review of undertaking

(1)A person who is subject to an undertaking containing a condition imposed under section 26(3)(b) may apply to the sheriff to have the condition reviewed.

(2)Before disposing of an application under this section, the sheriff must give the procurator fiscal an opportunity to make representations.

(3)If the sheriff is not satisfied that the condition is necessary and proportionate for the purpose for which it was imposed, the sheriff may modify the terms of the undertaking by—

(a)removing the condition, or

(b)imposing an alternative condition that the sheriff considers to be necessary and proportionate for that purpose.