Police Scotland’s use of Stop and Search

Stop and search is governed by the provisions of the Criminal Justice (Scotland) Act 2016. This replaced previous legislation and aimed to strike the balance between effective law enforcement and protecting individual rights. The Act outlines the legal framework for stop and search procedures, emphasising that such actions should be carried out proportionately, with respect for human rights, and based on reasonable suspicion. The Code of Practice published by the Scottish Government governs the use of stop and search by police officers.

The use of stop and search must be conducted by adhering to the following values:

• Fairness – a stop and search must be carried out fairly and impartially, and without unlawful discrimination.

• Respect – this involves two aspects. Firstly, an officer must ensure that – so far as is reasonably practicable - the person being searched understands why they are being stopped and searched. Secondly, the procedure must be carried out with respect for individual needs – including religious and cultural values and beliefs.

• Integrity – a stop and search will not be carried out in a manner which is abusive, discriminatory, or which amounts to harassment or intimidation; the purpose of the search must be genuinely to find a particular item in the person’s possession; it will reflect the principles of good conduct and personal responsibility.

• Accountability – officers carrying out stop and search are fully accountable for their actions, and that all stop and search activity is accurately recorded, and open to scrutiny.