C3C4C2PART 2 SEARCH BY POLICE
Pt. 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))
Pt. 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))
C3C4C2CHAPTER 1 SEARCH OF PERSON NOT IN POLICE CUSTODY
Lawfulness of search by constable
I1C3C1C4C2C5C6C766C3C4C2Cases involving removal of person
1
A person who is not in police custody may be searched by a constable while the person is to be, or is being, taken to or from any place—
a
by virtue of any enactment, warrant or court order requiring or permitting the constable to do so, or
b
in circumstances in which the constable believes that it is necessary to do so with respect to the care or protection of the person.
2
A search under this section is to be carried out for the purpose of ensuring that the person is not in, or does not remain in, possession of any item or substance that could cause harm to the person or someone else.
3
Anything seized by a constable in the course of a search carried out under this section may be retained by the constable.
Pt. 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))