Powers of the police in Scotland
Encyclopedia
The powers of the police in Scotland, as with all Scots criminal 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.
There is no general right for the police to search a suspect. There are exceptions to this: the police can stop and search without having a search warrant
if they suspect someone of being in possession of any of the following:
The police can only carry out a "pat down" the suspect is only required to remove outer clothing, for example a coat, in public. If suspect wishes a private search more invasive measures can be used. The suspect is not required to give a name or address.
Scots criminal law
Scots Criminal Law governs the rules of criminal law in Scotland. Scottish criminal law relies far more heavily on common law than in England and Wales...
, is heavily based on common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
. 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.
Stop and search
Legislation providing for stop and search includes the Police, Public Order and Criminal Justice Act (Scotland) 2005There is no general right for the police to search a suspect. There are exceptions to this: the police can stop and search without having a search warrant
Search warrant
A search warrant is a court order issued by a Magistrate, judge or Supreme Court Official that authorizes law enforcement officers to conduct a search of a person or location for evidence of a crime and to confiscate evidence if it is found....
if they suspect someone of being in possession of any of the following:
- drugs
- an offensive weapon
- stolen property
- alcoholAlcoholic beverageAn alcoholic beverage is a drink containing ethanol, commonly known as alcohol. Alcoholic beverages are divided into three general classes: beers, wines, and spirits. They are legally consumed in most countries, and over 100 countries have laws regulating their production, sale, and consumption...
if you are at certain major footballFootball (soccer)Association football, more commonly known as football or soccer, is a sport played between two teams of eleven players with a spherical ball...
or rugbyRugby footballRugby football is a style of football named after Rugby School in the United Kingdom. It is seen most prominently in two current sports, rugby league and rugby union.-History:...
matches or on public transportPublic transportPublic transport is a shared passenger transportation service which is available for use by the general public, as distinct from modes such as taxicab, car pooling or hired buses which are not shared by strangers without private arrangement.Public transport modes include buses, trolleybuses, trams...
travelling to such an event - evidence in relation to an offence under the Protection of Wild Mammals (Scotland) Act 2002Protection of Wild Mammals (Scotland) Act 2002The Protection of Wild Mammals Act was passed by the devolved Scottish parliament in February 2002, making Scotland the first part of the United Kingdom to ban traditional fox hunting and hare coursing.-Passage of the Act:...
- 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" the suspect is only required to remove outer clothing, for example a coat, in public. If suspect wishes a private search more invasive measures can be used. The suspect is not required to give a name or address.
See also
- Powers of the police in England and WalesPowers of the police in England and WalesThe powers of the police in England and Wales are defined largely by statute law, with the main sources of power being the Police and Criminal Evidence Act 1984 and the Police Act 1996. This article covers the powers of territorial police forces only. In law, police powers are given to...