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

This consultation seeks your views on a revised Code of Practice for constables in Scotland exercising search powers conferred by Sections 289, 303C and 303Z21 of the Proceeds of Crime Act 2002. The revised Code aims to provide a clear, consistent, and legally robust framework for the use of these powers.

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54 days to respond
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Annex 1

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 – revised version – March 2026

Contents

Chapter 1: General

Chapter 2: General requirements for search powers under sections 289, 303C and 303Z21 of POCA

Chapter 3: Search of a person under section 289(3), 303C(6) or 303Z21(7) of POCA

Chapter 4: Search of premises (including vehicles located on those premises) under section 289(1), 303C(1) or 303Z21(1) of POCA

Chapter 5: Search of vehicles under section 289(1D), 303C(5) or 303Z21(6) of POCA

Chapter 6: Recording requirements

Annex A: Conduct of searches – additional considerations where a child or young person is involved

Annex B: Conduct of searches – additional considerations where a vulnerable adult is involved

Annex C : Conduct of searches of people - Establishing the sex of a person Guidance Notes

Contact

Email: poca@gov.scot

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