Criminal Justice (Scotland) Act 2016, Section 48 is up to date with all changes known to be in force on or before 20 June 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.
(1)A constable may exercise in relation to a person to whom subsection (2) applies any power of the type described in section 47(2) which the constable would be able to exercise by virtue of a rule of law if the person had been charged with the relevant offence by a constable.
(2)This subsection applies to a person who—
(a)is in police custody having been arrested without a warrant, and
(b)has not, since being arrested, been charged with an offence by a constable.
(3)In subsection (1), “the relevant offence” means the offence in connection with which the person is in police custody.
Commencement Information
I1S. 48 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.
