Stop and search: Society questions benefit of new powers
Police powers of stop and search are probably wide enough, and it is doubtful whether more extensive powers would bring any benefits, according to the Law Society of Scotland.
Responding to Scottish Government consultations on stop and search, including a consultation on police powers to search children and young people for alcohol and a consultation on a draft code of practice, the Society said it believed new powers could result in negative effects.
Regarding the draft code of practice, the Society proposes few changes, though believes it should set out the primary purpose of stop and search powers as "to enable officers to allay or confirm suspicions about individuals without necessarily exercising their power of arrest”. It also considers that certain basic details should be recorded, whether or not the person is then detained, and that bodyworn cameras should be used where possible.
As regards a possible specific power to search for alcohol, the Society notes that according to the consultation document, non-statutory, or consensual, searches for alcohol during the period 1 June to 31 December 2015 actually found alcohol in only 9.7% of searches of people under 18, whereas the figure for searches of those aged 18 or over was 16.3%.
"In those circumstances, insofar as children are concerned, we do not consider legislation would be necessary, or indeed desirable", the response states.
The question whether there should be a specific legal power to search people aged 18 and over is a "complex issue", as alcohol is not a prohibited substance and therefore mere possession is not enough.
If a person is walking out of a supermarket with a bag of alcohol, the Society asks, on what basis would the police be entitled to stop and search them regarding the supply of alcohol to children under the age of 18? If the statute were to use the phrase ‘reasonable cause’, what would that mean, or how would reasonable cause be established?
On the other hand, there is a risk that a new power to search a child or young person for alcohol would generate a disproportionate negative perception of children, and could alienate children and young persons towards the police.
Ian Cruickshank, convener of the Society’s Criminal Law Committee, said that giving the police new powers to stop and search young people for alcohol "may have long term negative effects, both for Police Scotland and young people in general".
“Taking all matters into account, our view is that there would be little benefit in introducing new statutory powers for the police to search children, adults and young people for alcohol”, Mr Cruickshank commented.
Click here to access the full responses.