John Scott QC to chair new Stop and Search Advisory Group

Solicitor advocate John Scott QC is to chair a new independent advisory group to examine the use of stop and search powers in Scotland, the Scottish Government announced today.

The Stop and Search Advisory Group has been established after Police Scotland today issued a report confirming that from now on there will be a presumption against consensual – or non-statutory – stop and search for all age groups, and that children under 12 will not be subject to the controversial practice.

The group will be asked to make recommendations to Scottish Ministers on the long term policy for stop and search, including:

• whether the permanent presumption against consensual stop and search for all ages goes far enough;
• whether, further to that, there should be an absolute cessation of the practice;
• any additional steps that require to be taken, including any consequent legislation or change in practice that might be necessary; and
• to develop a draft code of practice that will underpin the use of stop and search in Scotland.

Containing members from a range of organisations including those representing human rights, children’s groups and policing, the group will work in tandem with organisations representing the various interests involved. It is not expected to deal with matters such as data quality, training, ICT, performance management and audit, which are for Police Scotland to take forward. It will take account of two reviews published today – that by Police Scotland, and a review by HM Inspectorate of Constabulary in Scotland.

Recommendations are to be made to ministers by August 2015, to allow any possible legislative changes to be included as part of proposals for the Criminal Justice (Scotland) Bill.

Justice Secretary Michael Matheson said: “Stop and search can be a valuable tool in combating crime – but we must get the balance right between protecting the public and the rights of the individual.

“As such, it is vital that stop and search powers are used appropriately, and we need to make some key decisions on how such powers should be used going forward. We need a clear, consistent approach which, as a society, we can all be agreed upon.

“That is why I have today announced the formation of a new independent Advisory Group chaired by John Scott QC. John is highly respected and has a strong background in human rights. He will be joined by representatives from key organisations with an interest in this issue who will consider the significant public debate there has been around this issue, carry out a detailed examination of the issues, and make recommendations by August 2015.

“If legislative changes are required, we will not hesitate and we will bring forward proposals which can be considered by Parliament as part of our new Criminal Justice Bill.”

Mr Scott commented: “Striking a proper balance is not possible while confusion continues. I welcome the invitation of the Cabinet Secretary for Justice to chair this advisory group and hope to assist in providing some clarity in this important area, in order that our Parliament can set the appropriate limits for police activity, leaving the police to concentrate on operational matters within more clearly defined boundaries.”