Stop and search goes to views in twin consultation launch

Stop and search powers feature in two Scottish Government consultations launched today.

One concerns the proposed code of practice that will replace the use of consensual stop and search; the other deals with practice when children are thought to be carrying alcohol.

The code of practice was developed by the independent advisory group chaired by solicitor advocate John Scott QC, which was set up to examine the use of stop and search powers. It sets out guidance on how and when stop and search is used, how the search should be carried out and the type of information that should be recorded. 

The consultation dealing with those under 18 suspected of having alcohol (or others suspected of supplying a child with alcohol) follows a recommendation from the advisory group related to a potential legislative gap once consensual search ends, as the police do not currently have a specific legal power to search children and young people for alcohol.

Under the Criminal Justice (Scotland) Act 2016, once in force, the police will only be able to exercise stop and search where they have reasonable grounds to suspect possession of prohibited items, and specific statutory power to carry out a search. The Act requires a code of practice underpinning the use of stop and search.

The Act was passed following concerns that Police Scotland were using stop and search as a matter of routine, especially on children and young people.

Justice Secretary Michael Matheson commented: “The fact that stop and search has led to the seizures of dangerous weapons, drugs and stolen goods shows how it can be a valuable tool in combating crime.

“However, it is important that police get the balance right between protecting the public and the rights of the individuals.

“We have already seen significant moves by Police Scotland towards phasing out the practice of non-statutory, or so-called 'consensual' stop and search in preparation for it ending completely once the new code of practice comes in."

He added: “We are particularly keen to hear from young people who have experience of being stopped by the police. Their views will help us to consider the best possible way to tackle the issue of children and young people drinking in public and the harm that it can cause."

Click here for the consultation on the code of practice; and here for the consultation on children and alcohol. The response period for both runs until 15 July, to reflect the pre-election period.

The independent Advisory Group on Stop and Search was created in March 2015.

Police Scotland have a stop and search improvement plan, which captures the recommendations from a range of external reviews and overseen by the SPA.