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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 10 July 2012 - onwards
Version 2 of 2

23. Post-charge questioning: Scotland

(1) The following provisions apply in Scotland.

(2) On the application of the prosecutor, a sheriff may authorise the questioning of a person about an offence -

(a) after the person has been charged with the offence, or

(b) after the person has appeared on petition in respect of the offence,

if the offence is a terrorism offence or it appears to the sheriff that the offence has a terrorist connection.

(3) The sheriff -

(a) must specify the period during which questioning is authorised, and

(b) may impose such conditions as appear to be necessary in the interests of justice, which may include conditions as to the place where the questioning is to be carried out.

(4) The period during which questioning is authorised -

(a) begins when questioning pursuant to the authorisation begins and runs continuously from that time (whether or not questioning continues), and

(b) must not exceed 48 hours.

This is without prejudice to any application for a further authorisation under this section.