Point in time view as at 11/05/2017. This version of this provision is not valid for this point in time.
Criminal Justice (Scotland) Act 2016, Section 7 is up to date with all changes known to be in force on or before 14 November 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.
Valid from 25/01/2018
(1)Subsection (2) applies where—
(a)a person is in police custody having been arrested without a warrant, and
(b)since being arrested, the person has not been charged with an offence by a constable.
(2)Authorisation to keep the person in custody must be sought as soon as reasonably practicable after the person—
(a)is arrested at a police station, or
(b)arrives at a police station, having been taken there in accordance with section 4.
(3)Authorisation may be given only by a constable who—
(a)is of the rank of sergeant or above, and
(b)has not been involved in the investigation in connection with which the person is in police custody.
(4)Authorisation may be given only if that constable is satisfied that the test in section 14 is met.
(5)If authorisation is refused, the person may continue to be held in police custody only if—
(a)a constable charges the person with an offence, or
(b)the person is detained under section 28(1A) of the 1995 Act (which allows for detention in connection with a breach of bail conditions).
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