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 [F1by 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
F1Words 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.
F2S. 80(2)(b) substituted (19.5.1997) by 1997 c. 30, ss. 6(2), 7(2)