{
  "url": "https://openlegislation.uk/criminal-justice-scotland-act-2016/section-16",
  "json_url": "https://openlegislation.uk/criminal-justice-scotland-act-2016/section-16.json",
  "legislation": "asp/2016/1",
  "legislation_title": "Criminal Justice (Scotland) Act 2016",
  "legislation_url": "https://openlegislation.uk/criminal-justice-scotland-act-2016",
  "path": "section/16",
  "kind": "section",
  "number": "16",
  "heading": "Release on conditions",
  "text": "(1) Subsection (2) applies where—\n(a) a person is being held in police custody by virtue of authorisation given under section 7,\n(b) a constable has reasonable grounds for suspecting that the person has committed a relevant offence, and\n(c) either—\n(i) the person has not been subject to a condition imposed under subsection (2) in connection with a relevant offence, or\n(ii) it has not been more than 28 days since the first occasion on which a condition was imposed on the person under subsection (2) in connection with a relevant offence.\n(2) If releasing the person from custody, a constable may impose any condition that an appropriate constable considers necessary and proportionate for the purpose of ensuring the proper conduct of the investigation into a relevant offence (including, for example, a condition aimed at securing that the person does not interfere with witnesses or evidence).\n(3) A condition under subsection (2)—\n(a) may not require the person to be in a specified place at a specified time,\n(b) may require the person—\n(i) not to be in a specified place, or category of place, at a specified time, and\n(ii) to remain outwith that place, or any place falling within the specified category (if any), for a specified period.\n(4) A condition imposed under subsection (2) is a liberation condition for the purposes of schedule 1.\n(5) In subsection (2), “an appropriate constable” means a constable of the rank of sergeant or above.\n(6) In this section, “a relevant offence” means—\n(a) the offence in connection with which the authorisation under section 7 has been given, or\n(b) an offence arising from the same circumstances as that offence.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 16 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2016/1/section/16",
    "retrieved_at": "2026-10-29T20:13:41.878642+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}