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Policing and Crime Act 2017

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Policing and Crime Act 2017, Section 101 is up to date with all changes known to be in force on or before 25 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to Section 101:

  • specified provision(s) amendment to earlier commencing S.I. 2017/1139, reg. 2 by S.I. 2017/1162 reg. 2
101Power to search and obtain informationE+W+S
This section has no associated Explanatory Notes

(1)This section applies if a law enforcement officer has reasonable grounds to suspect that there is evidence relating to an offence under the law of Scotland (other than items subject to legal privilege) on a ship in relation to which the powers conferred by this section are exercisable by virtue of section 96 or 98.

(2)The law enforcement officer may search—

(a)the ship;

(b)anyone found on the ship;

(c)anything found on the ship (including cargo).

(3)The law enforcement officer may require a person found on the ship to give information about himself or herself.

(4)The power to search conferred by subsection (2) is a power to search only to the extent that it is reasonably required for the purpose of discovering evidence of the kind mentioned in subsection (1).

(5)The power to search a person conferred by subsection (2) does not authorise a law enforcement officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves.

(6)In exercising a power conferred by subsection (2) or (3), a law enforcement officer may (amongst other things)—

(a)open any containers;

(b)require the production of documents, books or records relating to the ship or anything on it, other than anything that the law enforcement officer has reasonable grounds to believe to be an item subject to legal privilege;

(c)make photographs or copies of anything the production of which the law enforcement officer has power to require.

(7)The power in subsection (6)(b) to require the production of documents, books or records includes, in relation to documents, books or records kept in electronic form, power to require the provision of the documents, books or records in a form in which they are legible and can be taken away.

(8)The power of a law enforcement officer under subsection (2)(b) or (c) or (3) may be exercised on the ship or elsewhere.

Commencement Information

I1S. 101 in force for specified purposes at Royal Assent, see s. 183

I2S. 101 in force at 1.3.2018 in so far as not already in force by S.I. 2018/227, reg. 2(e)

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