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
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:
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.
Email: Catherine Lobban