Search Legislation

Criminal Justice (Scotland) Act 2016

Status:

This is the original version (as it was originally enacted).

Lawfulness of search by constable

65Limitation on what enables search

(1)This section applies in relation to a person who is not in police custody.

(2)It is unlawful for a constable to search the person otherwise than—

(a)in accordance with a power of search conferred in express terms by an enactment, or

(b)under the authority of a warrant expressly conferring a power of search.

66Cases involving removal of person

(1)A person who is not in police custody may be searched by a constable while the person is to be, or is being, taken to or from any place—

(a)by virtue of any enactment, warrant or court order requiring or permitting the constable to do so, or

(b)in circumstances in which the constable believes that it is necessary to do so with respect to the care or protection of the person.

(2)A search under this section is to be carried out for the purpose of ensuring that the person is not in, or does not remain in, possession of any item or substance that could cause harm to the person or someone else.

(3)Anything seized by a constable in the course of a search carried out under this section may be retained by the constable.

67Public safety at premises or events

(1)A person who is not in police custody may be searched by a constable if—

(a)the person—

(i)is seeking to enter, or has entered, relevant premises, or

(ii)is seeking to attend, or is attending, a relevant event, and

(b)the further criteria are met.

(2)Premises are or an event is relevant if—

(a)the premises may be entered, or the event may be attended, by members of the public (including where dependent on possession of a ticket or on payment of a charge), and

(b)the entry or the attendance is controlled, at the time of the entry or the attendance, by or on behalf of the occupier of the premises or the organiser of the event.

(3)The further criteria to be met are that—

(a)the entry or the attendance is subject to a condition, imposed by the occupier of the premises or the organiser of the event, that the person consents to being searched, and

(b)the person informs the constable that the person consents to being searched by the constable.

(4)A search under this section is to be carried out for the purpose of ensuring the health, safety or security of people on the premises or at the event.

(5)Anything seized by a constable in the course of a search carried out under this section may be retained by the constable.

68Duty to consider child’s wellbeing

(1)Subsection (2) applies when a constable is deciding whether to search a child who is not in police custody.

(2)In taking the decision, the constable must treat the need to safeguard and promote the wellbeing of the child as a primary consideration.

(3)For the purposes of this section, a child is a person who is under 18 years of age.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources