Use of stop and search - revised Code of Practice: consultation

3. Chapter 3 - Applicability of this Code

3.1 This Code governs the exercise by police constables of statutory powers to search a person. The main stop and search powers to which this code applies are set out in Annex A, but that list should not be regarded as definitive.

3.2 This Code applies to:

(a) all stops and searches of a person who is not in police custody carried out in accordance with a statutory power

(b) searches of a person carried out in accordance with a search warrant issued by a court in Scotland

3.3 This Code does not apply to:

• searches of persons in custody
• searches of persons under arrest
• searches of vehicles and vessels that do not also involve a search of a person
• searches of premises that do not also involve a search of a person
• searches under Schedule 7 of the Terrorism Act 2000 (which are governed by a separate code)
• searches of persons and vehicles in specified locations authorised under section 47A of the Terrorism Act 2000 (which are governed by a separate code)

3.4 Constables must not search a person, even if they are prepared to submit to a search voluntarily, where no statutory power to search is applicable, and they have no warrant to do so.