Stop and search code of practice: review
Overview
Respect for human rights lies at the heart of our democratic society. Everyone has the right to go about their daily lives without undue interference from the State. When the State is required to intervene — particularly through policing — the State must exercise its powers lawfully, fairly, and with respect for people’s freedoms and dignity.
In Scotland, the Police and Fire Reform (Scotland) Act 2012 sets out clear statutory policing principles and establishes that the core purpose of policing is to improve the safety and wellbeing of individuals and communities. Policing must also be grounded in human rights and delivered in collaboration with partners and the public. The legislation requires this to be achieved in a way which prevents and reduces harm, maintains order and protects individuals’ rights and freedoms. These duties apply to the exercise of all policing powers.
The Stop and Search of the Person in Scotland: code of practice for constables (the ‘Code’), introduced through the Criminal Justice (Scotland) Act 2016, provides the framework for how constables' powers should be exercised in respect of stop and search encounters. It ensures that searches are:
- Lawful – conducted within statutory powers and human rights obligations
- Proportionate – balancing public safety with individual freedoms
- Accountable – supported by robust recording, monitoring and oversight
The revised Code reaffirms these principles. It also reflects developments in law, policing practice and society, and responds to feedback from policing partners and key stakeholders.
This consultation seeks your views on the revised draft Code, including whether it provides sufficient clarity, safeguards and balance between effective policing and protection of human rights.
Read the consultation paper. The consultation paper contains full background information for this consultation. You may find it useful to read or refer to while responding.
Consultation questions preview
The consultation questions are included here for your reference. Please click 'Begin consultation' at the bottom of this page to proceed.
Does the revised Code clearly set out the circumstances in which a search of a person may be carried out when the person is not in police custody?
Does the revised Code clearly set out the procedures to be followed in carrying out a search of a person who is not in police custody?
Please suggest any areas that could be made clearer or more detailed, or any other improvements that would support better understanding.
Does the revised Code provide clear guidance to ensure everyone is treated fairly and respectfully during stop and search?
Please provide any suggestions where the Code could be strengthened or provide stronger protection for individual or group rights?
Does the revised Code provide clear guidance on how strip and intimate searches should be conducted?
Please provide any suggestions for how the guidance on strip or intimate searches could be improved/strengthened.
Does the revised Code provide clear guidance on establishing the sex of a person for the purposes of a search?
Please provide further comments if you think the Code could be strengthened to support consistent and respectful practice.
Does the revised Code clearly explain how children and young people should be treated when being stopped and searched by police?
Please provide further comments if you think the Code could be strengthened to ensure children and young people are safeguarded and treated fairly and respectfully.
Does the revised Code provide sufficient guidance on how police should identify and interact with people who may be vulnerable or need extra support?
Please provide further comments if you think the revised Code could include additional measures or safeguards to ensure vulnerable people are adequately protected during a stop and search.
Does the revised Code clearly set out what information and records are to be kept in relation to a search of a person who is not in police custody?
Does the revised Code clearly set out the right of someone to receive a copy of the information and record kept in relation to a search of a person who is not in police custody?
Please provide further comments if there are improvements you would like to see in how stop and search data is collected, monitored or reported.
Does the revised Code support respectful and transparent communication between police and the public during a search of a person?
Please provide further comments if there are additional steps the revised Code could take to strengthen trust and understanding, particularly with communities that may have concerns about stop and search.
Is there anything in the revised Code that should be added, changed or removed?
Please provide any further comments about the Code.
Useful information about responding to this consultation
As you complete your response, each page will provide the option to 'Save and come back later' at the bottom. This means you can save your progress and return to the consultation at any time before it closes. If you don't use this feature and leave the consultation midway through, your response will be lost.
Once you have submitted your response, you can enter your email address to get a pdf copy of your answers sent to you.
On the 'About You' page at the end of this consultation, organisations will have the opportunity to tell us more about their work and/or how their response was informed.
After the consultation has closed there will be a few months delay before any responses are published. This is because we must check any responses to be published abide by our Terms of Use.
An analysis report will usually be published some months after the consultation has closed. This report will summarise the findings based on all responses submitted. It will be published on the Scottish Government website and you may be notified about it if you choose to share your email address with us. You can also join our consulation mailing list where we regularly list newly published analysis reports (as well as new consultations).
Why your views matter
Consultation is an essential part of the policymaking process. It gives us the opportunity to consider your opinion and expertise on a proposed area of work.
Responses will be analysed and used as part of the decision making process, along with a range of other available information and evidence. We will publish a report of this analysis for every consultation. Depending on the nature of the consultation exercise the responses received may:
- indicate the need for policy development or review
- inform the development of a particular policy
- help decisions to be made between alternative policy proposals
- be used to finalise legislation before it is implemented
While details of particular circumstances described in a response to a consultation exercise may usefully inform the policy process, consultation exercises cannot address individual concerns and comments, which should be directed to the relevant public body.
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