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Section 115: Police powers after arrest

Civil Partnership Act 2004 · 2004 c. 33View on legislation.gov.uk

This provision is repealed
It is retained for historical reference and may not reflect the law currently in force.

Part 3: Civil partnership: Scotland — Chapter 4: Interdicts

REPEALED on 2006-05-04 by Family Law (Scotland) Act 2006.

The text below is the provision as originally enacted. It is historical and may not include amendments made before this status change. View the enacted source.

Where a person has been arrested under section 114(4), the officer in charge of a police station may—

if satisfied that there is no likelihood of violence to the applicant civil partner or any child of the family, liberate that person unconditionally, or
refuse to liberate that person.

For such refusal and the detention of that person until appearance in court by virtue of section 116(2) or of any provision of the Criminal Procedure (Scotland) Act 1975 (c. 21) the officer is not to be subjected to any claim whatsoever.

Where a person arrested under section 114(4) is liberated under subsection (1), the facts and circumstances which gave rise to the arrest are to be reported forthwith to the procurator fiscal who, if he decides to take no criminal proceedings in respect of those facts and circumstances, is at the earliest opportunity to take all reasonable steps to intimate his decision to the persons mentioned in paragraphs (a) and (b) of section 116(5).

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.