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Hi 999tommo, Blimey.. I didn’t know there was a difference between detention and arrest, sounds like a core concept. i appreciate the reply, but i have a few more questions. I take it detention lasts 12 hours and arrest lasts 12 hours, =24 hours. What stops the 2nd 12 hour period I'm guessing (i) charge and bail, (ii) Charge and no bail?, (iii) bail. In regards to cross border model: Can you point me in the direction of the legislation which covers cross border arrests, the only hint I’ve found is in the power of arrests for reciprocal arrest, but what starts the detention? In England and Wales the first ‘trigger’ which is considered important is the time when the prisoner crosses the broader into E/W. Is it the same for Scottish cross border arrests? Does the 12 hour detention start when the Scottish prisoner crosses the border into Scotland. Cross force model: Its also not an everyday occurrence in England and wales to have cross force arrests but the legislation is clear about what happens in that fairly special case. What happens in Scotland if the suspect is detained in the early hours of the morning at the furthest end of Scotland for an offence at the other end. And the prisoner is in detention for 11 hours 30 minutes and hasn’t been interviewed? is he arrested so the investigation can continue but then would you charge without interviewing the suspect. Further arrest - Further arrest adding a further 12 hours detention time is difficult for me to accept, what checks and guides stop it being abused and allowing investigators extending the detention time indefinitely by further arresting over and over again? What are the restrictions? thanks John
I know the equivalent legislation in England and Wales but I’m interested to know how it works in other jurisdictions. 12 hours doesn’t sound like enough time especially if it is to include travelling time to other areas far from the area the offence was committed.
Can someone can assist with my questions about police detention limits in Scotland, I would like to know more about basic pre-charge detention in Scotland. I have read the relevant part of section 295 of the Criminal Procedure (Scotland) Act 1995. But is there more?, What happens if a prisoner is arrested in a different part of Scotland than the area where the offence was committed?, do police still have only 12 hours? What happens if the prisoner is arrested OUTSIDE Scotland for an offence committed in Scotland? What if the prisoner is arrested for 2 offences committed in two completely different areas of Scotland? Thanks in advance john