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PART 2 SSEARCH BY POLICE

Modifications etc. (not altering text)

C1Pt. 2 applied (with modifications) by 2003 c. 20, s. 31A (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 2 para. 2 (with art. 6))

C2Pt. 2 applied (with modifications) by 2004 c. 20, s. 56A (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 2 para. 3 (with art. 6))

C3Pt. 2 applied (with modifications) by 1987 c. 4, s. 2D (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 2 para. 1 (with art. 6))

CHAPTER 1 SSEARCH OF PERSON NOT IN POLICE CUSTODY

Lawfulness of search by constable S

65Limitation on what enables searchS

(1)This section applies in relation to a person who is not in police custody.

(2)It is unlawful for a constable to search the 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.