Talk:Powers of the police in Scotland

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Scotland

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Criminal Justice (Scotland) Act 2016[edit]

I have made the initial changes to the page to account for the abolition of the Section 14 detention powers and the introduction of the new Section 1 power of arrest.

Maguirej03 (talk) 16:39, 02 June 2018 (UTC)[reply]

Powers of Arrest and Detention[edit]

I have renamed this from "Powers of Arrest" to include detention as this is an important aspect of Scots law. I have substantially altered the text of this section and have added numerous citations as it did not read well or adequately explain the powers of arrest and detention available to police in Scotland.

MMP-1982 (talk) 21:05, 26 September 2017 (UTC)[reply]

FURTHER STOP AND SEARCH POWERS[edit]

Section 43 of the Terrorism Act 2000 Evidence of terrorism A constable may stop and search a person they reasonably suspect to be a terrorist to discover whether they have in their possession anything which may constitute evidence that they are a terrorist. A power conferred by virtue of this Act to stop a person includes power to stop a vehicle.

Section 47A of the Terrorism Act 2000 Evidence of terrorism Where an authorisation has been made for searches in specified areas or places a constable in uniform may, without suspicion, stop a vehicle or pedestrian in the specified area or place and to search the vehicle, persons in the vehicle or pedestrian and anything carried by the pedestrian for the purpose of discovering whether there is anything which may constitute evidence that the vehicle concerned is being used for the purposes of terrorism or (as the case may be) that the person concerned is a terrorist.

Section 53 of the Terrorism Act 2000 Evidence of terrorism – port and border control An examining officer (including a constable) who questions a person at a port (including airport or hoverport) for the purpose of determining whether they appear to be a terrorist may search the person for the purpose of determining whether they are a terrorist.

Section 24B of the Aviation Security Act 1982 Stolen or prohibited articles in aerodromes A constable can stop and search, without warrant, any person, vehicle or aircraft in any area of an aerodrome for stolen or prohibited articles (articles made or adapted for use in the course of, or in connection with, criminal conduct, or intended by the person having it with them for such use by them or another), where they have reasonable grounds to suspect that they will find such articles.

Section 19 of the Wildlife & Countryside Act 1981 Evidence of the commission of offence If a constable suspects with reasonable cause that any person is committing or has committed an offence under Part 1 of the Act, the constable may without warrant stop and search that person if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found on that person.

Section 101 of the Conservation (Natural Habitats, &c.) Regulations 1994 Evidence of the commission of offence If a constable suspects with reasonable cause that any person is committing or has committed an offence under Part III of the Regulations (Protection of Species), the constable may without warrant stop and search that person if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found on that person.

Terrorism Prevention and Investigative Measures Act 2011, Sched 5 paras 6 and 8 and 10.

Public Stores Act 1875 s6.

Deer (Scotland) Act 1996 s 27

Customs and Excise Management Act 1979 s 163

Marine (Scotland) Act 2010; s 126.

Nature Conservation (Scotland) Act 2004, s43.