PART IX

Summary Proceedings

General

Warrants of apprehension and search.
135
1
A warrant of apprehension or search may be in the form prescribed by Act of Adjournal or as nearly as may be in such form, and any warrant of apprehension or search shall, where it is necessary for its execution, imply warrant to officers of law to break open shut and lockfast places.
2
A warrant of apprehension of an accused in the form mentioned in subsection (1) above shall imply warrant to officers of law to search for and to apprehend the accused, and to bring him before the court issuing the warrant, or before any other court competent to deal with the case, to answer to the charge on which such warrant is granted, and, in the meantime, until he can be so brought, to detain him in a police station, police cell, or other convenient place.
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
A warrant of apprehension or other warrant shall not be required for the purpose of bringing before the court an accused who has been apprehended without a written warrant or who attends without apprehension in answer to any charge made against him.
S. 135(4) repealed (10.12.2007) by
Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6),
ss. 80,
84,
Sch. para. 17(b);
S.S.I. 2007/479,
art. 3(1),
Sch.
(as amended by
S.S. I. 2007/527)
S. 135(3) repealed (25.1.2018) by Criminal Justice (Scotland) Act 2016 (asp 1), s. 117(2), sch. 2 para. 27(d); S.S.I. 2017/345, art. 3, sch. (with arts. 4, 5)