Criminal Justice (Scotland) Act 2016

21 Person to be brought before court S

(1) Subsection (2) applies to a person when—

(a) the person is in police custody having been arrested under a warrant [F1 granted for the purpose of having the person brought before a court in connection with an offence which the person is officially accused of committing], or

(b) the person—

(i) is in police custody having been arrested [F2 in respect of an offence] without a warrant, and

(ii) since being arrested, the person has been charged with an offence by a constable.

(2) The person must be brought before a court (unless released from custody under section 25)—

(a) if practicable, before the end of the first day on which the court is sitting after the day on which this subsection began to apply to the person, or

(b) as soon as practicable after that.

(3) A person is deemed to be brought before a court in accordance with subsection (2) if the person appears before it by means of a live television link (by virtue of a determination by the court that the person is to do so by such means).

Textual Amendments

F1 Words in s. 21(1)(a) substituted (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(6)(a)

F2 Words in s. 21(1)(b) 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(6)(b)

Commencement Information

I1 S. 21 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)