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Criminal Justice (Scotland) Act 2016

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Changes over time for: Cross Heading: Making and status of code

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Criminal Justice (Scotland) Act 2016, Cross Heading: Making and status of code is up to date with all changes known to be in force on or before 30 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Making and status of codeS

73Contents of code of practiceS

(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 practiceS

(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, F1...

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

[F2(d)the British Transport Police Authority,

(e)the chief constable of the British Transport Police Force,

(f)the Civil Nuclear Police Authority,

(g)the chief constable of the Civil Nuclear Constabulary,

(h)the chief constable of the Ministry of Defence Police, or

(i)the Secretary of State.]

(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).

Textual Amendments

75Legal status of code of practiceS

(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.

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