Explanatory Notes

Criminal Justice (Scotland) Act 2016

2016 asp 1

13 January 2016

Overview of the Act

Part 2 – Search by Police

Chapter 1 – Search of person not in police custody
Lawfulness of search by constable
Section 65 – Limitation on what enables search

171.Section 65 provides that, where a person is not in police custody, it is unlawful for a search to be carried out by a police constable without express statutory authority, or without express authority conferred by a warrant. This provision will have the effect of ending the practice of ‘consensual’ stop and search.