Stop and Search of the Person in Scotland: code of practice for constables

Footnotes

1. "Item" includes "items".

2. This Code does not apply to a search of a vehicle or vessel alone, but the Code does apply to the related search of any person within a relevant vehicle or vessel.

3. See, e.g. sections 20 and 32 of the Police and Fire Reform (Scotland) Act 2012.

4. See section 75 of the Criminal Justice (Scotland) Act 2016.

5. Where a constable believes a person to be under the age of 18, but they are unwilling or unable to provide their age, the constable should proceed as if the person is under 18.

6. It is acknowledged that the definition of a 'child' varies across Scots law. For the purposes of this Code of Practice, however, the definition used is drawn from the UN Convention on the Rights of the Child. This is consistent with s.68 of the Criminal Justice (Scotland) Act 2016.

7. S.68, Criminal Justice (Scotland) Act 2016

8. http://www.ohchr.org/en/professionalinterest/pages/crc.aspx

9. For more information, see Scottish Appropriate Adult Network National Guidance (2015): http://www.scottishappropriateadultnetwork.co.uk/guidance

10. Criminal Justice: Stop and Search Powers for Alcohol and the Minimum Age of Criminal Responsibility, Scottish Youth Parliament (2016). Available here:
www.syp.org.uk/stop_and_search_powers_for_alcohol_and_the_minimum_age_of_criminal_responsibility

11. "relevant police service" means the Police Service of Scotland and any other police organisation which has constables, as defined in section 73 of the Criminal Justice (Scotland) Act, exercising functions in respect of which Parts 1 and 2 of that Act apply.