Draft Code of Practice on the Exercise by Constables in Scotland of Searches for Cash and Listed Assets

Closes 13 Dec 2017

Opened 1 Nov 2017

Overview

We are consulting on a draft code of practice. It is a code of practice for police constables in Scotland when they are searching people, premises or vehicles for cash or listed assets (a list in the Criminal Finances Act 2017 which includes precious stones, stamps, watches etc) which may have been obtained through unlawful conduct or be intended for use in unlawful conduct.

The code replaces an existing code on searches for cash and has been expanded to include searches for listed assets and a revised definition of cash. This reflects the imminent introduction of searches for listed assets (or "personal (or moveable) property") into the Proceeds of Crime Act 2002 (POCA) as a result of amendments to POCA by the Criminal Finances Act 2017.

Why We Are Consulting

We are consulting because we want the code to be as fair, useful and up to date as possible. We welcome the views of any organisation or individual with an interest in the code including those who might be carrying out searches and those who might be searched. We are particularly keen to make sure that appropriate safeguards are in place with respect to the searching of vulnerable individuals.

Download the consultation paper.

Give us your views

Audiences

  • People of Scotland

Interests

  • Equality, Welfare and Rights
  • Law and Order