Draft Code of Practice for Stop and Search

Closed 15 Jul 2016

Opened 21 Mar 2016

Feedback expected 15 Dec 2016

Published Responses

View submitted responses where consent has been given to publish the response.

Overview

This consultation asks for views on whether any changes should be made to a draft Code of Practice for Stop and Search before it comes into force.

 

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Why We Are Consulting

Stop and Search can be a valuable tool in combating crime and has led to the seizures of dangerous weapons, drugs and stolen goods.  However, clearly it is important to get the balance right between protecting the public and the rights of the individual.

That is why, in March last year, the Scottish Government’s Justice Secretary, Michael Matheson, asked John Scott QC, Solicitor Advocate, to chair an independent Advisory Group on Stop and Search. The Group was asked to develop a draft Code of Practice that would underpin how Stop and Search is used in Scotland.

The Advisory Group recommended that before the Code of Practice comes into force there should first be this consultation on a draft Code.

The Scottish Government want to know whether people think any changes need to be made to this draft Code before it comes into force.

What Happens Next

After the consultation we will analyse the responses and produce a report that summarises the responses.

We will then consider the draft code of practice in light of the responses received and make any changes that are required. John Scott QC and the independent Stop and Search Advisory Group will assist us in doing this.


We will then lay the final version of the code of practice before Parliament within 12 months of the Criminal Justice Bill receiving Royal Assent.

Audiences

  • People of Scotland

Interests

  • Children and Families
  • Equality, Welfare and Rights
  • Law and Order
  • Public Safety and Emergencies