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Civic Government (Scotland) Act 1982

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This is the original version (as it was originally enacted).

80Application of Part VII to property

(1)Subject to subsection (2) below, this Part of this Act applies to all the property which is found in the possession of a person, or in his charge, at the time when he is taken into police custody, that is to say, when he is arrested and taken into custody by a constable or when he is detained under section 2 of the [1980 c. 62.] Criminal Justice (Scotland) Act 1980.

(2)This Part of this Act does not apply to—

(a)property which is, or is reasonably suspected by a constable to be, in the unlawful possession of a person taken into police custody ;

(b)property which is or may be required as a production in criminal proceedings or which is or may be required by the police for any other purpose relating to criminal proceedings; or

(c)property consisting of the personal clothing and effects of a person taken into police custody.

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