{
  "url": "https://openlegislation.uk/criminal-justice-scotland-act-2016/section-48",
  "json_url": "https://openlegislation.uk/criminal-justice-scotland-act-2016/section-48.json",
  "legislation": "asp/2016/1",
  "legislation_title": "Criminal Justice (Scotland) Act 2016",
  "legislation_url": "https://openlegislation.uk/criminal-justice-scotland-act-2016",
  "path": "section/48",
  "kind": "section",
  "number": "48",
  "heading": "Power of search etc. on arrest",
  "text": "(1) A constable may exercise in relation to a person to whom subsection (2) applies any power of the type described in section 47(2) which the constable would be able to exercise by virtue of a rule of law if the person had been charged with the relevant offence by a constable.\n(2) This subsection applies to a person who—\n(a) is in police custody having been arrested without a warrant, and\n(b) has not, since being arrested, been charged with an offence by a constable.\n(3) In subsection (1), “the relevant offence” means the offence in connection with which the person is in police custody.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 48 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/48",
    "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."
}