When you are stopped by the Police Scotland and questioned
You may be stopped by a Police Scotland officer and questioned in public places or on the streets. Except if you are a witness or suspect, you don’t need to give any personal information about yourself.
If the Police Scotland have to stop and search you
In Scotland, there is a code for stop and search. Below are the main points of this code.
This code does not apply to those who have been detained or arrested. A search does not necessarily mean that you were arrested or have a Criminal Law record.
Only the following conditions can be met for police to stop and search you:
They have a search warrant
They have probable grounds to suspect you are about to commit or have already committed a crime insurance. An officer’s instinct or hunch cannot be used as reasonable grounds for a search. You should provide reliable information, facts, or evidence that you are acting suspiciously.
- You pose a threat to yourself and others
- You are suspected of possessing weapons on school grounds
- You are suspect of terrorist activity
You are in an area that Police Scotland are conducting a search of people because they believe there might be serious violence or people with weapons. A protest could be an example.
If you have agreed to be searched when you enter an event, such as a match at a football stadium, you purchased the ticket.
If the police arrest have probable grounds to suspect that you are involved in a crime, you can be searched.
A knife is not allowed unless the knife has a 7.60cm cutting edge. If you need it for work, religious reasons, or because it is part of a national dress (such as a sgiandubh worn with an kilt), you may be entitled to a legal defense
stolen property Police Scotland
- Alcohol – on major rugby or football matches, or when you travel by public transport to them
- Cash of PS1,000 and more – This was obtained by criminal activity
- List assets worth more than PS1,000 – such as gold and watches that were seized through criminal activity
- You don’t want fireworks to be used antisocially.
- You can’t be searched for your looks or your gender in any situation. This is discrimination.
It is illegal to ask for consent to a search.
You can’t consent to being searched or asked to give your consent under s65 of criminal defense Justice (Scotland). Act 2016. An officer in police must possess:
A warrant is required.Police Scotland
This exception is made if you agree to a search upon entering or attending an event or venue, such as a music festival. It may be included in your ticket’s terms and conditions or small print.
You can refuse to consent to the Police Scotland searching your home and file a complaint against the officer or officers involved.
If you consented to a search, you can’t bring a Police Scotland officer or Police Scotland to trial unless you feel that the search violated your rights. You feel discriminated against.