The reason for your arrest is that I suspect you have committed an offence and I believe that keeping you in custody is necessary and proportionate for the purposes of bringing you before a court or otherwise dealing with you in accordance with the law.
[3] A person is defined as Not Officially Accused when they have been arrested without warrant under Section 1 of the Criminal Justice (Scotland) Act 2016 but has not been charged or reported to the Crown Office and Procurator Fiscal Service.
This authorisation of extension can only be given if the constable is satisfied that: A person is defined as Officially Accused when they have been arrested without warrant under Section 1 of the Criminal Justice (Scotland) Act 2016 and have been charged or reported to the Crown Office and Procurator Fiscal Service.
The warrant will specify the address of the premise being searched and will usually extend to include common areas, curtilage, outbuildings and all persons within.
The police in Scotland have powers under various pieces of legislation to search individuals for prohibited items, weapons, and stolen property.
[13] Police officers generally have no right to enter private premises to conduct a search without first obtaining a warrant.
[14] Legislation conferring a power to stop and search include, but is not limited to, the following: In addition to these powers, constables are empowered to search any person they have arrested at common law to find any of the articles which may have assisted them in, or are products of, the crime or offence with which they have been charged.
Where it is alleged, or there is a reasonable belief, that any liquid, animal, document or article has a connection to a crime or offence under review, they can be taken by police as a production.
Aside from this, there are statutory powers that permit police to seize specific items namely; Police also have statutory powers to require the surrender of specific items such as alcohol and tobacco products from persons under 18 years of age – these are surrendered without a search.
[19] This removal is used as an alternative to arresting the person, which Officers may choose to do under section 50, Civic Government (Scotland) Act 1982.
[20] Under section 13 of the Criminal Procedure (Scotland) Act 1995, a constable is empowered to require the name, address, date of birth, place of birth (in as much detail as the constable considers necessary) and the nationality of anyone whom they suspect of committing or having committed an offence.
Constables are empowered, under section 7 of the Road Traffic Act 1988, to require two specimens of breath through a breathalyser or other device or one specimen of blood or urine from anyone suspected of committing a road traffic offence involving alcohol or drugs.