Criminal Justice (Scotland) Act 2016 (asp 1)

PART 1 S ARREST AND CUSTODY

Modifications etc. (not altering text)

C1 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)))

C3 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))

C4 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))

C5 Pt. 1 applied (with modifications) (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 4 (with art. 8)

CHAPTER 4 S POLICE INTERVIEW

Modifications etc. (not altering text)

C6 Pt. 1 Chs. 1-6 applied (with modifications) (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 3 Pt. 3 (with art. 7, Sch. 3 Pts. 5, 6)

C7 Pt. 1 Chs. 1-6 applied (with modifications) (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 3 Pt. 2 (with art. 7, Sch. 3 Pts. 5, 6)

C8 Pt. 1 Chs. 1-6 applied (with modifications) (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 3 Pt. 4 (with art. 7, Sch. 3 Pts. 5, 6)

C9 Pt. 1 Chs. 1-6 applied (with modifications) (25.1.2018) by The Police Investigations and Review Commissioner (Application and Modification of the Criminal Justice (Scotland) Act 2016) Order 2017 (S.S.I. 2017/465), arts. 1-4

Person officially accused S

36 Authorisation: further provision S

(1) An application for authorisation may be made—

(a) where section 35(5) applies, by the prosecutor, or

(b) in any other case, by a constable.

(2) In subsection (1)(a), “the prosecutor” means—

(a) where an indictment has been served on the person in respect of the High Court, Crown Counsel, or

(b) in any other case, the procurator fiscal.

(3) Where an application for authorisation is made in writing (rather than orally) it must—

(a) be made in such form as may be prescribed by act of adjournal (or as nearly as may be in such form), and

(b) state whether another application has been made for authorisation to question the person about the offence or an offence arising from the same circumstances as the offence.

(4) Authorisation ceases to apply as soon as either—

(a) the period specified under section 35(6)(a) expires, or

(b) the person's trial in respect of the offence, or an offence arising from the same circumstances as the offence, begins.

(5) For the purpose of subsection (4)(b), a trial begins—

(a) in proceedings on indictment, when the jury is sworn,

(b) in summary proceedings, when the first witness for the prosecution is sworn.

(6) In this section—

• “authorisation” means authorisation under section 35,

• “the offence” means the offence referred to in section 35(1).

Commencement Information

I1 S. 36 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 8)