Criminal Justice (Scotland) Act 2016

73Contents of code of practice
This section has no associated Explanatory Notes

(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)).