Powers of the police in the United Kingdom
United Kingdom law provides for the police to stop and search members of the public without making an arrest. Scotland has a separate legal identity to England and Wales and stop and search powers are therefore provided for by different legislation.
England and Wales
In England and Wales, Code A of the Police and Criminal Evidence Act 1984 deals with the exercise by police officers of statutory powers to search a person or a vehicle without first making an arrest. It also deals with the need for a police officer to make a record of such a stop or encounter.
Scotland
Scots law is heavily based on common law. There is not one clear statute or code setting out the different criminal offences. Nor is there a collection of statutes defining most offences as in England, Wales and Northern Ireland. Legislation providing for stop and search includes the Police, Public Order and Criminal Justice Act (Scotland) 2005
There is no general right for the police to search you. There are exceptions to this: the police can stop and search you without having a search warrant if they suspect you of being in possession of any of the following: [1]
- drugs
- an offensive weapon
- stolen property
- alcohol if you are at certain major football or rugby matches or on public transport travelling to such an event
- evidence in relation to an offence under the Protection of Wild Mammals (Scotland) Act 2002
- cash or the cash equivalent of £10,000 or more and that this is the result of criminal activity
The police can only carry out a "pat down" search unless a suspect has been arrested, the suspect is only required to remove outer clothing, for example a coat, in public. The suspect has the right to be searched by an officer of the same gender. The suspect is not required to give a name or address.[2]
See also
External links
- Police Powers - Legals System in Scotland, Citizens Advice Bureau
- An Activist's Guide, G8 Legal Support Group (applies to Scotland)