Civic Government (Scotland) Act 1982 (c. 45)

Extent Information

E1 Act (except s. 16 which applies to England and Wales) applies to Scotland only see s. 137(9).

Modifications etc. (not altering text)

C1 Act excluded (19. 12. 1991) by City of Edinburgh District Council Order Confirmation Act (c. xix), ss. 1, 12(2), Sch. Pt. V

Commencement Information

I1 Act partly in force at Royal Assent see s. 137(2); Act wholly in force at 1. 1. 1985 see S.I. 1983/201 as amended by S.I. 1984/573 and 744.

Part VII S Property in Possession of Persons Taken into Police Custody

80 Application of Part VII to property. S

(1) Subject to subsection (2) below, this Part of this Act applies to all the property which is found in the possession of a person, or in his charge, at the time when he is taken into police custody, that is to say, when he is arrested [F1 by a constable].

(2) This Part of this Act does not apply to—

(a) property which is, or is reasonably suspected by a constable to be, in the unlawful possession of a person taken into police custody;

[F2 (b) property which the prosecutor determines is or may be required as a production in criminal proceedings or which he determines is or may be required for any other purpose relating to such proceedings;]

(c) property consisting of the personal clothing and effects of a person taken into police custody.

Textual Amendments

F1 Words in s. 80(1) substituted (25.1.2018) by Criminal Justice (Scotland) Act 2016 (asp 1), s. 117(2), sch. 2 para. 7(d); S.S.I. 2017/345, art. 3, sch.

F2 S. 80(2)(b) substituted (19.5.1997) by 1997 c. 30, ss. 6(2), 7(2)