Previous Oversight by the Authority

In Scotland, there are two separate definitions of a strip search. The Care and Welfare in Police Custody SOP defines a strip search as involving the removal and examination, in stages, of all clothing, with a visual, external examination of the body. The Stop and Search Code of Practice defines a strip search as a search involving the removal of more than outer coat, jacket, gloves, headgear or footwear. Police Scotland have confirmed that there are no plans to amend this definition.

Data on strip searching of children and young people by Police Scotland has only been reported through a Freedom of Information Request released in March 2022.
Searches in Scotland are conducted and completed under Section 66 Criminal Justice (Scotland) Act 2016 . They may also be completed as ‘Protection of Life’ searches (which is not a specific power of search). These searches are completed under S20 and S32 of the Police and Fire Reform (Scotland) Act 2012.

Strip searches are recorded as ‘intimate searches’ within stop and search data. Data on stop and search in Scotland, compared to England and Wales, were most recently reported to Policing Performance Committee (PPC) in June 2023. Members maintain a focus on this area and have requested further analysis is undertaken for further discussion and oversight.

At the most recent discussion on this Police Scotland provided assurances on the way in which strip searching of children and young people is approached. In addition, this topic was brought to a Youth Ethics Advisory Panel, who provided further assurances as to how strip searches of children and young people are approached. Authority staff sit on the National Stop and Search Assurance Group.