Proceeds of Crime Act 2002 - Search Powers: code of practice - consultation

2. Background to this consultation

POCA requires the Scottish Ministers to publish and consult on proposed changes to any new or revised code of practice. The Code of Practice on the Exercise by Constables in Scotland of Search Powers Conferred by Sections 289, 303C and 303Z21 of the Proceeds of Crime Act 2002 sets out how constables in Scotland should exercise POCA search powers in relation to searches of people, premises or vehicles for cash, listed assets or cryptoasset-related items.

The Scottish Ministers previously consulted on a draft of this revised Code of Practice in late 2023. The draft of the Code reflected the amendments made to POCA by the ECCTA discussed above. The revised Code was generally welcomed by respondents and minor changes were made to the draft Code as a result of respondents’ feedback.^[1]

Scottish Ministers are re-consulting on this draft revised Code of Practice as it has been updated to maximise its consistency with the revised Code of Practice on the use of stop and search in Scotland, which is also being consulted on (from February to May 2026)^[2]. In particular, “Annex B: Conduct of searches – additional considerations where a vulnerable adult is involved” and “Annex C: Conduct of searches of people – establishing the sex of a person” have been updated. The updated Code has an increased focus on ensuring constables uphold and respect the fundamental human rights of all people and groups when carrying out a search Views from all stakeholders, including the public, are welcomed.