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

Consultation questions

1. The draft Code will affect how constables in Scotland exercise their search powers under sections 289, 303C and 303Z21 of POCA.

Do you think that the draft Code provides adequate guidance to constables on how to discharge their functions?

Yes / No / Don’t know

Please suggest any areas that could be made clearer or more detailed, or any other improvements that would support better understanding.

2. Do you think that the draft Code could have an adverse impact on you or your organisation?

Yes / No / Don’t know

Please provide further details of your concerns in relation to the draft Code’s potential impact on you or your organisation.

3. Equality and human rights

The revised Code ensures compliance with the appropriate legal landscape, including the Human Rights Act 1998 and the Equality Act 2010. The Code emphasises:

• The importance of upholding an individual’s rights while understanding officers must balance this with the safety of themselves and the public
• The prohibition of unlawful discrimination, harassment or victimisation based on protected characteristics
• The due regard required in the exercise of police functions, as part of The Public Sector Equality Duty
• The importance of ensuring decisions to search are not unduly influenced by a person or groups’ physical appearance or protected characteristics
• Respect for cultural and religious practices during searches

Does the revised Code provide clear guidance to ensure everyone is treated fairly and respectfully during a search?

Yes / No / Don’t know

Please provide any suggestions where the Code could be strengthened or provide stronger protection for individual or group rights.

4. Children and young people

The revised Code re-states and strengthens protections for children and young people (under 18), ensuring a trauma-informed, age-appropriate approach. It includes:

• A requirement that the wellbeing of the child or young person is a primary consideration
• Additional emphasis on the importance of being mindful of bias towards children and young people from marginalised communities
• Clearer expectations around child protection procedures

Does the revised Code clearly explain how children and young people should be treated when being searched by police under sections 289, 303C and 303Z21 of POCA?

Yes / No / Don’t know

Please provide further comments if you think the Code could be strengthened to ensure children and young people are safeguarded and treated fairly and respectfully.

5. Vulnerable individuals

The revised Code provides strengthened guidance on identifying and supporting vulnerable people, including those with mental health conditions and disabilities. It emphasises:

• Active assessment of vulnerability
• Adaptation of communication and approach
• Carefully balancing operational necessity alongside risk and harm to the individual

Does the revised Code provide sufficient guidance on how police should identify and interact with people who may be vulnerable or need extra support?

Yes / No / Don’t know

Please provide further comments if you think the revised Code could include additional measures or safeguards to ensure vulnerable people are adequately protected during a search.

6. Establishing the sex of a person for the purpose of searching

The revised Code, specifically Annex C, provides guidance on how constables should establish the sex of a person for the purpose of conducting a search. It reflects the recent legal clarification of sex under the Equality Act 2010 and acknowledges the wider human rights landscape and the need to uphold the dignity and privacy for everyone.

The requirements of this Code do not extend to requiring a person to undergo an intimate search or a strip search within the meaning of section 164 of the Customs and Excise Management Act 1979, as explained at paragraph 3.3 of the revised Code. This section of the Code seeks to balance:

• The requirement for searches to be carried out lawfully and in accordance with equality law
• The need to treat everyone with dignity and respect
• The operational realities faced by officers when conducting searches

Does the revised Code provide clear guidance on establishing the sex of a person for the purposes of a search?

Yes / No / Don’t know

Please provide further comments if you think the Code could be strengthened to support consistent and respectful practice.

7. Additional information

Is there anything in the revised Code that should be added, changed or removed?

Yes / No / Don’t know

Please provide any further comments about the Code.