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

3. Scope and clarity of the revised Code of Practice

The revised Code aims to provide a clear, consistent, and legally robust framework for the use of POCA search powers by constables in Scotland. The purpose of the Code is to:

• set out the principles under which a search is undertaken;
• ensure consistency in the exercise of the search powers;
• explain why, when and how a search may be carried out;
• specify the information to be recorded in relation to a search; and
• set the standard to which constables can be scrutinised and evaluated.

This consultation seeks views on whether the revised Code:

• Clearly defines when and how POCA search powers may be used
• Adequately outlines safeguards for equality, privacy and human rights, in line with the Human Rights Act 1998 and the Equality Act 2010
• Ensures adequate protections for children and young people and vulnerable people
• Provides clear guidance on establishing the sex of a person for the purposes of a search