Consultation on revised Code of Practice.
Views are being sought on proposed changes to the Code of
Practice for how Scotland's police officers use stop and search
powers.
The Code covers the conduct, recording and oversight of stop and
search activity. The Scottish Government is legally required to
periodically review the Code and has now published a consultation
on a proposed update.
The revised Code aims to strengthen protections for children and
vulnerable individuals, provide clearer guidance on the steps
officers must take before, during and after a search, and
introduce enhanced requirements on data recording, oversight and
accountability.
Justice Secretary said the proposed changes
would ensure the Code continues to support effective policing
while maintaining public trust and confidence in the appropriate
use of stop and search powers.
Ms Constance said:
“Stop and search powers remain a vital tool for police to tackle
crime and keep people safe, provided it is exercised lawfully,
proportionately and with respect for an individual's dignity and
rights.
“The revised Code aims to improve clarity, transparency and
safeguarding, while strengthening safeguards for children and
vulnerable people, with clearer guidance on the steps officers
should take before, during and after a search.
“The consultation is an opportunity to listen, reflect and to
strengthen public trust. I encourage everyone with an interest in
justice, equality and community safety to take part. Their views
will help ensure the Code remains robust, fair and fit for the
future – supporting effective policing while upholding the rights
and freedoms that define our society.”
Background
Consultation of the revised Code
of Practice on the use of stop and search in Scotland
Since its introduction in 2017 through the Criminal
Justice (Scotland) Act 2016, the Stop and Search of the
Person in Scotland: code of practice for constables (‘the
Code') has provided a framework for when and how officers may
stop and search individuals who are not in police custody.
The Scottish Government has a statutory obligation under the
Criminal Justice (Scotland) Act 2016 to periodically review the
code.
In the proposed revised code, sex in this context is defined as
biological sex.
