The court interpreted what was meant by ‘detained’ within the section: ‘The essential element of detention, within the proper meaning of that word, is the intervention of some outside agency to ensure that the person remains where he has been put. To detain somebody is to keep him in confinement or under restraint.’
Judges:
Lord Justice-General Hope
Citations:
1994 SCCR 7
Statutes:
Criminal Justice (Scotland) Act 1980 2
Jurisdiction:
Scotland
Cited by:
Cited – Gillies v Procurator Fiscal, Elgin HCJ 1-Oct-2008
The police went to the defendant’s flat to find her boyfriend. She refused them access, but when they saw him, the police officers called out that he was under arrest under the 1995 Act, and forced their way past the door and the defendant. The . .
Lists of cited by and citing cases may be incomplete.
Police
Updated: 07 May 2022; Ref: scu.276518