Proceeds of Crime Act 2002: code of practice on the exercise of search powers by constables in Scotland

Closes 15 Dec 2023

Opened 3 Nov 2023


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. 

Give us your views


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