{
  "url": "https://openlegislation.uk/criminal-justice-scotland-act-2016/section-68",
  "json_url": "https://openlegislation.uk/criminal-justice-scotland-act-2016/section-68.json",
  "legislation": "asp/2016/1",
  "legislation_title": "Criminal Justice (Scotland) Act 2016",
  "legislation_url": "https://openlegislation.uk/criminal-justice-scotland-act-2016",
  "path": "section/68",
  "kind": "section",
  "number": "68",
  "heading": "Duty to consider child's wellbeing",
  "text": "(1) Subsection (2) applies when a constable is deciding whether to search a child who is not in police custody.\n(2) In taking the decision, the constable must treat the need to safeguard and promote the wellbeing of the child as a primary consideration.\n(3) For the purposes of this section, a child is a person who is under 18 years of age.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "C",
      "label": "C1",
      "text": "Pt. 2 applied (with modifications) by 2003 c. 20, s. 31A (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 2 para. 2 (with art. 6))"
    },
    {
      "type": "C",
      "label": "C2",
      "text": "Pt. 2 applied (with modifications) by 2004 c. 20, s. 56A (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 2 para. 3 (with art. 6))"
    },
    {
      "type": "C",
      "label": "C3",
      "text": "Pt. 2 applied (with modifications) by 1987 c. 4, s. 2D (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 2 para. 1 (with art. 6))"
    },
    {
      "type": "C",
      "label": "C4",
      "text": "S. 68 applied (with modifications) (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 3 Pt. 4 (with art. 7, Sch. 3 Pts. 5, 6)"
    },
    {
      "type": "C",
      "label": "C5",
      "text": "S. 68 applied (with modifications) (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 3 Pt. 3 (with art. 7, Sch. 3 Pts. 5, 6)"
    },
    {
      "type": "C",
      "label": "C6",
      "text": "S. 68 applied (with modifications) (25.1.2018) by The Police Investigations and Review Commissioner (Application and Modification of the Criminal Justice (Scotland) Act 2016) Order 2017 (S.S.I. 2017/465), arts. 1-4"
    },
    {
      "type": "C",
      "label": "C7",
      "text": "S. 68 applied (with modifications) (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 3 Pt. 2 (with art. 7, Sch. 3 Pts. 5, 6)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "S. 68 in force at 11.5.2017 by S.S.I. 2017/99, art. 2(d) (with art. 6)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2016/1/section/68",
    "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."
}