Proceeds of Crime Act 2002: code of practice on the exercise of search powers by constables in Scotland
Feedback updated 10 May 2024
We asked
We sought views on a revised Code of Practice for constables in Scotland when they search people, premises or vehicles for cash, listed assets or cryptoasset-related items under the Proceeds of Crime Act 2002, which may have been obtained through unlawful conduct or be intended for use in unlawful conduct.
You said
The revised Code was generally welcomed by respondents, but a few points were raised. It was noted though that the revised Code would be used to assist in producing further guidance and training documents for constables.
Other points raised included strengthening the guidance in Annex A of the Code in relation to the search of children and young people where issues of child protection are identified by the constable, and for further clarification of the advice and guidance for constables on the search of transgender persons in Annex C to the Code.
Further points were noted in the body of the Code around the procedures that constables should adopt, particularly on the training of constables.
We did
As a result of the helpful responses received we have made some, although relatively minor changes to the Code. We have introduced a new paragraph A.29 in Annex A to assist constables where additional child protection measures have been identified. We also amended Annex C to clarify issues around how constables treat transgender persons. We have also sought to improve the Code for the benefit of constables although issues relating to training are a matter for the Police Service of Scotland.
Published responses
View submitted responses where consent has been given to publish the response.
Overview
We want to hear your views on a revised Code of Practice for constables in Scotland when they are searching people, premises or vehicles for cash, listed assets or cryptoasset-related items which may have been obtained through unlawful conduct or be intended for use in unalwful conduct.
The Code replaces an existing Code on searches for cash and listed assets and has been expanded to include searches for cryptoasset-related items to take account of amendments to the Proceeds of Crime Act 2002 (POCA) made by the Economic Crime and Corporate Transparency Act 2023.
Read the consultation paper. (The consultation paper contains full background information for this consultation. You may find it useful to read or refer to while responding.
Useful information about responding to this consultation
As you complete your response, each page will provide the option to 'Save and come back later' at the bottom. This means you can save your progress and return to the consultation at any time before it closes. If you don't use this feature and leave the consultation midway through, your response will be lost.
Once you have submitted your response, you can enter your email address to get a pdf copy of your answers sent to you.
On the 'About You' page at the end of this consultation, organisations will have the opportunity to tell us more about their work and/or how their response was informed.
After the consultation has closed there will be a few months delay before any responses are published. This is because we must check any responses to be published abide by our Terms of Use.
A analysis report will usually be published some months after the consultation has closed. This report will summarise the findings based on all responses submitted. It will be published on the Scottish Government website and you may be notified about it if you choose to share your email address with us. You can also join our consulation mailing list where we regularly list newly published analysis reports (as well as new consultations).
Why your views matter
We are consulting because we wish to ensure that the revised Code is fair, useful and as 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.
What happens next
We will review the draft Code in the light of the responses to the public consultation. We will then lay the revised draft before the Scottish Parliament for consideration under affirmative procedure.
Where respondents have given permission for their response to be made public, and after we have checked that they contain no potentially defamatory material, responses will be made available to the public.
Interests
- Law and Order
- Main hub
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