{
  "url": "https://openlegislation.uk/criminal-justice-scotland-act-2016/section-47",
  "json_url": "https://openlegislation.uk/criminal-justice-scotland-act-2016/section-47.json",
  "legislation": "asp/2016/1",
  "legislation_title": "Criminal Justice (Scotland) Act 2016",
  "legislation_url": "https://openlegislation.uk/criminal-justice-scotland-act-2016",
  "path": "section/47",
  "kind": "section",
  "number": "47",
  "heading": "Common law power of search etc.",
  "text": "(1) Nothing in this Part affects any rule of law by virtue of which a constable may exercise a power of the type described in subsection (2).\n(2) The type of power is a power that a constable may exercise in relation to a person by reason of the person's having been arrested and charged with an offence by a constable.\n(3) Powers of the type described in subsection (2) include the power to—\n(a) search the person,\n(b) seize any item in the person's possession,\n(c) cause the person to participate in an identification procedure.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 47 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2016/1/section/47",
    "retrieved_at": "2026-10-29T20:13:41.878642+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}