Stop and search advisory group calls for evidence

The expert group charged with advising the Scottish Government on policy regarding police stop and search powers is calling for submissions from interested members of the public.

Chaired by solicitor advocate John Scott QC, the group's remit is to advise ministers on the long term policy that should be in place, in particular whether there should be a presumption against consensual stop and search or whether the practice should be ended, and what consequential measures should be put in place, including a draft code of practice (click here for report). The group was set up following a report by Police Scotland into the practice, which saw the force criticised for excessive use of stop and search especially against children and young people. Police Scotland has already stated that children under 12 will not in future be asked to undergo consensual stop and search.

The advisory group is setting specific questions for answer, but is seeking views, opinions and experiences of stop and search policy and practice in Scotland, having regard to its remit. It wants to gather as much information about stop and search as it can, in terms of practice as well as policy – people who have been the subject of a stop and search event are invited to share their experience.

Some of the themes that the group is looking to explore include:

• the ongoing validity of non-statutory stop and search;
• the ability of some people to give informed consent to a non-statutory search;
• whether there are certain situations where gaps in police powers exist, and when non-statutory stop and search should continue or whether any such gaps should be addressed in an alternative manner;
• whether the police should be able to search a person to safeguard that person's health and wellbeing;
• whether there should be a code of practice for constables undertaking stop and search, and what the basis of any code of practice should be, for instance an internal police code or a statutory code backed by legislation;
• the impact, if any, of stop and search on specific age groups, socio-economic groups, ethnic minorities etc.

Click here to view the call for evidence. Responses are requesrted by 3 July 2015. The advisory group is due to make recommendations for ministers to consider by the end of August, which would allow possible legislative changes to be included as part of proposals for the Criminal Justice (Scotland) Bill.