Criminal Justice (Scotland) Act 2016

Criminal Justice (Scotland) Act 2016

2016 asp 1

Overview of the Act

Part 1 – Arrest and Custody

Chapter 2 – Custody: person not officially accused

Keeping person in custody

Section 14 – Test for sections 7, 11 and 13

45. Section 14 sets out the test for keeping a person in custody under sections 7(4) and 11(3)(b), and reviewing continuation of that period of custody after six hours under section 13(2).

46. Section 14(1) provides that the test is that there are reasonable grounds for suspecting that the person has committed an offence and keeping the person in custody is necessary and proportionate for the purposes of bringing the person before a court or otherwise dealing with the person under the law. In considering what is “necessary and proportionate” regard may be had to (among others) the factors detailed in section 14(2).