(1)Where a constable has reasonable grounds for suspecting that a person has with him an article to which section 49 of this Act applies and has committed or is committing an offence under subsection (1) of that section, the constable may search that person without warrant and detain him for such time as is reasonably required to permit the search to be carried out.
(2)A constable who detains a person under subsection (1) above shall inform him of the reason for his detention.
(3)Where a constable has reasonable cause to believe that a person has committed or is committing an offence under section 49(1) [F1or section 49A(1) or (2)]of this Act F2. . . —
(a)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
he may arrest that person without warrant.
(4)Any person who—
(a)intentionally obstructs a constable in the exercise of the constable’s powers under subsection (1) above; or
(b)conceals from a constable acting in the exercise of those powers an article to which section 49 of this Act applies,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(5)Where a constable has reasonable cause to believe that a person has committed or is committing an offence under subsection (4) above he may arrest that person without warrant.
Textual Amendments
F1Words in s. 50(3) inserted (4.7.1996) by 1996 c. 26, s. 1(2)
F2S. 50(3)(a) and preceding words repealed (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 74(4)(a), 104; S.S.I. 2006/432, art. 2(d)
F3S. 50(3)(b) repealed (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 74(4)(b), 104; S.S.I. 2006/432, art. 2(d)