6BSheriff’s officer’s use of body-worn recording devices—trial—the Act, s 59(2)

#### 6B Sheriff’s officer’s use of body-worn recording devices—trial—the Act, s 59(2) 6B Sheriff’s officer’s use of body-worn recording devices—trial—the Act, s 59(2) > > (1) A sheriff’s officer is exempt from the Act, sections 7 and 8, in relation to the installation, use and maintenance of a body-worn recording device if— > > > > > (a) the officer uses the device while acting in the execution of the officer’s duty, and > > > > > (b) the device is prominently attached to the officer’s uniform, and > > > > > (c) at least one of the following apply to the use of the device by the officer— > > > > > > > (i) before making a recording, the officer made a reasonable attempt to ensure the person likely to be recorded by the device was aware the device was capable of recording images or sound, or both, > > > > > > > (ii) in the opinion of the officer, there is a significant risk of harm to the officer or another person, > > > > > > > (iii) the recording of images or sound, or both, by the device is inadvertent or unexpected. > > > (2) In this section— > > > > body-worn recording device means a listening device or optical surveillance device, or both, worn on a person. > > > > sheriff’s officer has the same meaning as in the [Sheriff Act 2005](/view/html/inforce/current/act-2005-006). > > > (3) This section is repealed at the end of 30 November 2026. > > **s 6B:** Ins 2023 (511), Sch 2. Am 2024 (575), Sch 2; 2025 (632), Sch 2.