Criminal Justice (Scotland) Act 2016

7 Authorisation for keeping in custody S

(1) Subsection (2) applies where—

(a) a person is in police custody having been arrested [F1 in respect of an offence] 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).

Textual Amendments

F1 Words in s. 7(1)(a) inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Modification of Part 1 and Ancillary Provision) Regulations 2017 (S.S.I. 2017/453), regs. 1, 2(5)

Modifications etc. (not altering text)

C1 S. 7(2) excluded by 1995 c. 46, s. 28A(1) (as inserted (25.1.2018) by Criminal Justice (Scotland) Act 2016 (asp 1), s. 117(2), sch. 2 para. 30; S.S.I. 2017/345, art. 3, sch.)

Commencement Information

I1 S. 7 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with arts. 4, 6)