Powers of Search (Scotland) Act 2017 1

MODEL
SCOTTISH PARLIAMENT

Powers of Search (Scotland) Bill

SP Bill 28

(as amended at Stage 2)

An Act of the Scottish Parliament to make provision about police powers of search.

Powers of search

1 Limitation of powers of search

It is unlawful for a constable to search a person otherwise than—
(a) in accordance with a power of search conferred in express terms by an enactment,
or
(b) under the authority of a warrant expressly conferring a power of search.

2 Common law power of search etc.

(1) Nothing in this Act affects any rule of law by virtue of which a constable may exercise a
power of the type described in subsection (2).
(2) The type of power is a power that a constable may exercise in relation to a person by
reason of that person’s having been arrested and charged with an offence by a constable.
(3) Powers of the type described in subsection (2) include the power to—
(a) search the person,
(b) seize any item in the person’s possession,
(c) cause the person to participate in an identification procedure.

3 Powers of search etc. on arrest

(1) A constable may exercise in relation to a person to whom subsection (2) applies any power
of the type described in section 2(2) which the constable would be able to exercise by
virtue of a rule of law if the person had been charged with the relevant offence by a
constable.
(2) This subsection applies to a person who—
(a) is in police custody having been arrested without a warrant, and
(b) has not, since being arrested, been charged with an offence by a constable.
(3) In subsection (1), “the relevant offence” means the offence in connection with which the
person is in police custody.

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2 Powers of Search (Scotland) Act 2017

General

4 Meaning of constable
In this Act, “constable” has the meaning given by section 99(1) of the Police and Fire
Reform (Scotland) Act 2012.

5 Meaning of police custody

(1) For the purposes of this Act, a person is in police custody from the time the person is
arrested by a constable until any one of the events in subsection (2) occurs.
(2) The events are—
(a) the person is released from custody,
(b) the person is brought before a court,
(c) the Principal Reporter makes a direction under section 65(2)(b) of the Children’s
Hearings (Scotland) Act 2011 that the person continue to be kept in a place of safety.

6 Commencement
This Act comes into force on the day after Royal Assent.

7 Short title
The short title of this Act is the Powers of Search (Scotland) Act 2017.