{
  "url": "https://openlegislation.uk/criminal-justice-scotland-act-2016/section-73",
  "json_url": "https://openlegislation.uk/criminal-justice-scotland-act-2016/section-73.json",
  "legislation": "asp/2016/1",
  "legislation_title": "Criminal Justice (Scotland) Act 2016",
  "legislation_url": "https://openlegislation.uk/criminal-justice-scotland-act-2016",
  "path": "section/73",
  "kind": "section",
  "number": "73",
  "heading": "Contents of code of practice",
  "text": "(1) The Scottish Ministers must make a code of practice about the carrying out of a search of a person who is not in police custody.\n(2) A code of practice must set out (in particular)—\n(a) the circumstances in which a search of such a person may be carried out,\n(b) the procedure to be followed in carrying out such a search,\n(c) in relation to such a search—\n(i) the record to be kept,\n(ii) the right of someone to receive a copy of the record.\n(3) A code of practice is to apply to the functions exercisable by a constable.\n(4) In this section—\n“constable” has the meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 2012,\n“police custody” has the same meaning as given for the purposes of Part 1 (see section 64).\n(5) In this Chapter, a reference to a code of practice means one required by subsection (1) (but see also section 74(5)).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2016/1/section/73",
    "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."
}