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 68 – Duty to consider child’s wellbeing

174.Section 68 imposes a duty on a constable, when deciding whether to search a child (a person under 18) who is not in police custody, to treat the wellbeing of the child as a primary consideration.