Search Legislation

Criminal Justice (Scotland) Act 2016

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Section 47

 Help about opening options

Alternative versions:

Changes to legislation:

Criminal Justice (Scotland) Act 2016, Section 47 is up to date with all changes known to be in force on or before 21 May 2025. 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

47Common law power of search etc.S
This section has no associated Explanatory Notes

(1)Nothing in this Part affects any rule of law by virtue of which a constable may exercise a power of the type described in subsection (2).

(2)The type of power is a power that a constable may exercise in relation to a person by reason of the person's having been arrested and charged with an offence by a constable.

(3)Powers of the type described in subsection (2) include the power to—

(a)search the person,

(b)seize any item in the person's possession,

(c)cause the person to participate in an identification procedure.

Commencement Information

I1S. 47 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.

Back to top

Options/Help

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?