Civic Government (Scotland) Act 1982

80 Application of Part VII to property.S

(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 [F1by a constable].

(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;

[F2(b)property which the prosecutor determines is or may be required as a production in criminal proceedings or which he determines is or may be required for any other purpose relating to such proceedings;]

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

Textual Amendments

F2S. 80(2)(b) substituted (19.5.1997) by 1997 c. 30, ss. 6(2), 7(2)