Criminal Justice (Scotland) Act 2016

Investigative liberation S

16 Release on conditions S

(1) Subsection (2) applies where—

(a) a person is being held in police custody by virtue of authorisation given under section 7,

(b) a constable has reasonable grounds for suspecting that the person has committed a relevant offence, and

(c) either—

(i) the person has not been subject to a condition imposed under subsection (2) in connection with a relevant offence, or

(ii) it has not been more than 28 days since the first occasion on which a condition was imposed on the person under subsection (2) in connection with a relevant offence.

(2) If releasing the person from custody, a constable may impose any condition that an appropriate constable considers necessary and proportionate for the purpose of ensuring the proper conduct of the investigation into a relevant offence (including, for example, a condition aimed at securing that the person does not interfere with witnesses or evidence).

(3) A condition under subsection (2)—

(a) may not require the person to be in a specified place at a specified time,

(b) may require the person—

(i) not to be in a specified place, or category of place, at a specified time, and

(ii) to remain outwith that place, or any place falling within the specified category (if any), for a specified period.

(4) A condition imposed under subsection (2) is a liberation condition for the purposes of schedule 1.

(5) In subsection (2), “an appropriate constable” means a constable of the rank of sergeant or above.

(6) In this section, “a relevant offence” means—

(a) the offence in connection with which the authorisation under section 7 has been given, or

(b) an offence arising from the same circumstances as that offence.

Commencement Information

I1 S. 16 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

17 Conditions ceasing to apply S

(1) A condition imposed on a person under section 16(2) ceases to apply—

(a) at the end of the day falling 28 days after the first occasion on which a condition was imposed on the person under section 16(2) in connection with a relevant offence, or

(b) before then, if—

(i) the condition is removed by a notice under section 18,

(ii) the person is arrested in connection with a relevant offence,

(iii) the person is officially accused of committing a relevant offence, or

(iv) the condition is removed by the sheriff under section 19.

(2) In subsection (1), “a relevant offence” means—

(a) the offence in connection with which the condition was imposed, or

(b) an offence arising from the same circumstances as that offence.

Commencement Information

I2 S. 17 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

18 Modification or removal of conditions S

(1) A constable may by notice modify or remove a condition imposed under section 16(2).

(2) A notice under subsection (1)—

(a) is to be given in writing to the person who is subject to the condition,

(b) must specify the time from which the condition is modified or removed.

(3) A constable of the rank of inspector or above must keep under review whether or not—

(a) there are reasonable grounds for suspecting that a person who is subject to a condition imposed under section 16(2) has committed a relevant offence, and

(b) the condition imposed remains necessary and proportionate for the purpose of ensuring the proper conduct of the investigation into a relevant offence.

(4) Where the constable referred to in subsection (3) is no longer satisfied as to the matter mentioned in paragraph (a) of that subsection, a constable must give notice to the person removing any condition imposed in connection with a relevant offence.

(5) Where the constable referred to in subsection (3) is no longer satisfied as to the matter mentioned in paragraph (b) of that subsection, a constable must give notice to the person—

(a) modifying the condition in question, or

(b) removing it.

(6) Where a duty to give notice to a person arises under subsection (4) or (5), the notice—

(a) is to be given in writing to the person as soon as practicable, and

(b) must specify, as the time from which the condition is modified or removed, the time at which the duty to give the notice arose.

(7) The modification or removal of a condition under subsection (1), (4) or (5) requires the authority of a constable of the rank of inspector or above.

(8) In this section, “a relevant offence” means—

(a) the offence in connection with which the condition was imposed, or

(b) an offence arising from the same circumstances as that offence.

Commencement Information

I3 S. 18 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)

19 Review of conditions S

(1) A person who is subject to a condition imposed under section 16(2) 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—

(a) remove the condition, or

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

(4) For the purposes of sections 17 and 18, a condition imposed by the sheriff under subsection (3)(b) is to be regarded as having been imposed under section 16(2).

Commencement Information

I4 S. 19 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)