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

Investigative liberation

Section 19 – Review of conditions

55. Section 19(1) provides that a person who is subject to a condition imposed under section 16(2) may make an application for review to a sheriff.

56. Section 19(2) requires the sheriff to give the procurator fiscal an opportunity to make representations before the review is determined.

57. Section 19(3) provides that where the sheriff is not satisfied that the condition imposed is necessary and proportionate, the sheriff may remove it or impose an alternative condition which the sheriff considers to be necessary and proportionate for that purpose.

58. Section 19(4) provides that a condition imposed on review by the sheriff under section 19(3) is to be regarded as having been imposed by a constable under section 16(2). This provides that the conditions set by the sheriff have the same effect and are to be taken as having taken effect when set by the police, i.e. the 28 day period is calculated from the date on which the police conditions were set. Conditions imposed by the sheriff can be modified or removed under section 18(1) in the same manner as police conditions.