Hate Crime and Public Order (Scotland) Act 2021
2021 asp 14
The Act
Part 3 – Offences relating to stirring up hatred
Further provisions relating to the offences
Section 5 – Powers of entry etc. with warrant
46.Section 5 provides for powers of entry etc. under warrant in circumstances where there are reasonable grounds to suspect that an offence under section 4 has been, or is being, committed at the premises or there is evidence at the premises of the commission of an offence under that section.
47.Section 5(1) provides that a sheriff or justice of the peace may, where there are such reasonable grounds, grant a warrant authorising a constable to enter the premises in question.
48.Section 5(2) provides that such a warrant remains in force for 28 days beginning with the day on which it was granted.
49.Section 5(3) sets out what such a warrant may authorise a constable to do– that is, enter the premises (by force if necessary), search the premises and any person found on the premises, and seize and detain any material found there. But material may only be seized and detained if the constable has reasonable grounds for suspecting that it may provide evidence of the commission of an offence under section 4. This includes any material in the possession of a person on those premises.
50.Section 5(4) provides that the power of a constable to seize and detain material under this section includes the power to, among other things, require any electronic information to be produced or converted in a way that it can be removed from the premises.
51.Section 5(5) defines “constable” and “premises” for the purposes of section 6.
- Previous
- Explanatory Notes Table of contents
- Next
