Section 34 Criteria for authorising longer detentionI1
The sheriff may, if satisfied—
that the information which the fiscal presents under section 33 ostensibly discloses a breach of a banning order or temporary banning order, and
that there is a substantial risk that the detained person will breach the order again,
by order authorise the continuation of the detention for a period of not more than 2 days (not counting days which are not court days).
Where the sheriff refuses to authorise such a continuation, the detained person must be released from custody (unless that person is in custody in respect of any other matter).
Before deciding whether to grant an order under this section, the sheriff must give the detained person the opportunity to make representations.
Annotations
Commencement
- I1
S. 34 in force at 29.10.2008 by S.S.I. 2008/314, art. 2