- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(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.
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.
Text created by the Scottish Government 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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: