Criminal Justice (Scotland) Act 2016 (asp 1)

PART 2 S SEARCH BY POLICE

Modifications etc. (not altering text)

C1 Pt. 2 applied (with modifications) by 2003 c. 20, s. 31A (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 2 para. 2 (with art. 6))

C2 Pt. 2 applied (with modifications) by 2004 c. 20, s. 56A (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 2 para. 3 (with art. 6))

C3 Pt. 2 applied (with modifications) by 1987 c. 4, s. 2D (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 2 para. 1 (with art. 6))

CHAPTER 2 S CODE OF PRACTICE

Making and status of code S

73 Contents of code of practice S

(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)).