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  4. Bill will allow stop and search of children for drink – after consultation

Bill will allow stop and search of children for drink – after consultation

30th September 2015 | criminal law

The Scottish Government has been given power to implement a stop and search regime for young people suspected to be possessing alcohol – but the Justice Secretary has promised a public consultation on whether the power is needed before any scheme is introduced.

Yesterday's meeting of the Scottish Parliament's Justice Committee, which is considering the Criminal Justice (Scotland) Bill at stage 2, agreed to amendments put forward by the Cabinet Secretary, Michael Matheson, to enable a legislative order permitting the police to stop and search a young person under 18 where they have a "reasonable suspicion" that that person is in possession of alcohol. However Mr Matheson undertook that further consultation would take place first.

The issue was considered by the review group on stop and search powers under John Scott QC, whose report was published earlier this month (click here for report), but the group did not form a concluded view on whether such a power was necessary or desirable, and recommended a further consultation. Mr Matheson has accepted the recommendations of the report.

Yesterday he told the committee: "I will make a decision as to whether a specific power is needed after the consultation. However, if it is decided that such a power is needed, I would seek the Parliament's consent to introduce it in a timely manner."

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