Stop and search should come under statutory code: Scott report
A statutory code of practice should cover police powers to stop and search members of the public, and "consensual", or non-statutory, stop and search should end when it is brought in, according to the recommendations of the Scottish Government's advisory group, just published.
The group, chaired by solicitor advocate John Scott QC, was appointed in the wake of controversy over the high levels of consensual searches carried out by the police, in particular of children and young people. Ministers have accepted the proposals, as part of a wider series of changes to the police service announced yesterday by Justice Secretary Michael Matheson.
In his foreword Mr Scott emphasises that his report is about "what can and should be done in a positive sense, as opposed to merely what should not be done". “'Policing by consent' relies on the support and confidence of the public throughout the country, and is no less important in such areas where so much crime happens", the report states. But if not used proportionately, stop and search will undermine attitudes to the police, especially in deprived areas where the tactic has been used a great deal on children and young men.
The report contains a draft code which Mr Scott recommends should go to further public consultation. While the recommendation is that non-statutory stop and search should end when the code comes into force, a minority of the group preferred the more cautious approach of allowing recent changes by Police Scotland to bed in, gathering more evidence and ensuring that there would be no unintended consequences to ending consensual search. "I have attempted to in part address these concerns by recommending a period of transition and consultation", Mr Scott states.
His group will continue in order to advise on the final form of the code once the consultation is complete.
In his statement accepting the report's proposals, Mr Matheson also promised a strengthening of the scrutiny of Police Scotland, and the appointment of Andrew Flanagan, a civil service commissioner and the former chief executive of the NSPCC, as chair of the Scottish Police Authority. The Authority will oversee the appointment of a successor to chief constable Sir Stephen House, who resigned last month. The Justice Secretary has also asked Mr Flanagan to undertake an immediate review of police governance.
A review of policing in Scotland is underway, following the First Minister’s Programme for Government statement earlier this week, focusing specifically on developing new priorities; and call centres scheduled for closure have been given a temporary reprieve, as recommended in an interim report by HMICS, with further funding made available for additional recruitment and training in pursuance of the consolidation programme.
Mr Matheson acknowledged that there had been "challenges in recent months", but said concerns had been listened to, and were being acted on.