Search Powers

Question 1

Alcohol

Under which powers and in what circumstances can a search for alcohol be carried out (outwith football grounds)?

Answer 1

Power
S61 Crime and Punishment (Scotland) Act 1997

Circumstances
Stop and Search (under 18s - seize and dispose)

Question 2

Drugs

Under which powers and in what circumstances can a search for drugs be carried out?

Answer 2

Power
S23 Misuse of Drugs Act 1971

S23A Misuse of Drugs Act 1971 (Temporary Class)

Circumstances
Stop and Search (includes vehicles and vessels)

Question 3

Firearms

Under which powers and in what circumstances can a search for firearms be carried out?

Answer 3

Power
S47 Firearms Act 1971

Circumstances
Stop and Search (may enter any place)

Question 4

General

Under which powers and in what circumstances can a general search of a person be carried out

Answer 4

Power
S66 Criminal Justice (Scotland) Act 2016 (non-custody)

S47/S48 Criminal Justice (Scotland) Act 2016 (officially/non-officially accused)

Circumstances
S66 makes provision for the search of a person not in custody before they are being removed or taken to or from any place, for the purpose of preventing harm to the person or someone else

S47/48 makes provision for the search of a person arrested by a police officer, both before and after being charged.

Question 5

Custody

Under which powers and in what circumstances can a general search of an arrested person be carried out

Answer 5

Power
Common law
S47/S48 Criminal Justice (Scotland) Act 2016 (officially/non-officially accused)

Circumstances
There exists a common law right to search an arrested person

S47/48 makes provision for the search of a person arrested by a police officer, both before and after being charged.

Question 6

Offensive weapons

Under which powers and in what circumstances can a search for offensive weapons be carried out?

Answer 6

Power
S48 Criminal Law (Consolidation) (Scotland) Act 1995
S49B Criminal Law (Consolidation) (Scotland) Act 1995
S50 Criminal Law (Consolidation) (Scotland) Act 1995

Circumstances
S48 Stop and Search - Offensive weapon in public place
S49B Stop and Search - Offensive weapon or bladed article within school premises
S50 Stop and Search - Pointed or bladed article in a public place

Question 7

Public order

Under which powers and in what circumstances can a search be carried out in the interests of public order?

Answer 7

Power
S67 Criminal Justice (Scotland) Act 2016

Circumstances
Stop and Search - Condition of entry to relevant entry/premises

Question 8

Sporting events

Under which powers and in what circumstances can a search be carried out at sporting events?

Answer 8

Power
S21 Criminal Law (Consolidation) (Scotland) Act 1995

Circumstances
Stop and Search - Alcohol or controlled article, container at a designated sporting fixture

Question 9

Stolen goods

Under which powers and in what circumstances can a search for stolen goods be carried out?

Answer 9

Power
S60 Civic Government (Scotland) Act 1982

Circumstances
Stop and Search (includes vehicles and vessels)