Search Legislation

Criminal Justice (Scotland) Act 2016

Status:

This is the original version (as it was originally enacted).

Making and status of code

73Contents of code of practice

(1)The Scottish Ministers must make a code of practice about the carrying out of a search of a person who is not in police custody.

(2)A code of practice must set out (in particular)—

(a)the circumstances in which a search of such a person may be carried out,

(b)the procedure to be followed in carrying out such a search,

(c)in relation to such a search—

(i)the record to be kept,

(ii)the right of someone to receive a copy of the record.

(3)A code of practice is to apply to the functions exercisable by a constable.

(4)In this section—

  • “constable” has the meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 2012,

  • “police custody” has the same meaning as given for the purposes of Part 1 (see section 64).

(5)In this Chapter, a reference to a code of practice means one required by subsection (1) (but see also section 74(5)).

74Review of code of practice

(1)The Scottish Ministers may revise a code of practice in light of a review conducted under subsection (2).

(2)The Scottish Ministers must conduct a review of a code of practice as follows—

(a)a review is to begin no later than 2 years after the code comes into effect,

(b)subsequently, a review is to begin no later than 4 years after—

(i)if the code is revised in light of the previous review under this subsection, the coming into effect of the revised code, or

(ii)otherwise, the completion of the previous review under this subsection.

(3)So far as practicable, a review conducted under subsection (2) must be completed within 6 months of the day on which the review begins.

(4)In deciding when to conduct a review in accordance with subsection (2), the Scottish Ministers must have regard to representations put to them on the matter by—

(a)the Scottish Police Authority,

(b)the chief constable of the Police Service of Scotland, or

(c)Her Majesty’s Inspectors of Constabulary in Scotland.

(5)For the purposes of—

(a)section 73(3) and this section (except subsection (2)(a)), and

(b)sections 75, 76 (except subsection (3)) and 77 (except subsection (3)),

a reference to a code of practice includes a revised code as allowed by subsection (1).

75Legal status of code of practice

(1)A court or tribunal in civil or criminal proceedings must take a code of practice into account when determining any question arising in the proceedings to which the code is relevant.

(2)Breach of a code of practice does not of itself give rise to grounds for any legal claim whatsoever.

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