What is Stop and Search?

Police Scotland use stop and search as a tactic in operational policing. Stop and search is a way for a police officer to follow up on intelligence to check for illegal items such as controlled drugs or weapons. According to the Code of Practice its purpose is:
• To promote public safety
• To help prevent and detect crime

Under stop and search powers, an officer is permitted to search:
• The individual and their clothing
• Anything an individual is carrying, for example a bag or wallet
• The vehicle an individual is travelling in

Individuals being subject to the use of stop and search have the right to key pieces of information, including:

1. Information on the search: The police officer should explain why they want to conduct the search, what they are looking for, and the legal basis for the search.

2. Identification of the officer: The police officer conducting the search will provide their name and identification number.

3. Record of the search: The officer will provide a receipt of the search, which includes details such as the reason for the search, the items they were looking for and the outcome.

4. The right to complain: The receipt will detail the right of the individual to complain about being searched, and how to make a complaint.

In Scotland, stop and search is intelligence-led and every search must be necessary, proportionate and in accordance with the law. Stop and search should be carried out in accordance with the law and should adhere to the Code of Practice. This means that officers must have a specific reason to carry out a search and it must be done by using a specific statutory power. When an officer is explaining to someone why they are being
searched, they must refer to facts, intelligence or information as way of explanation. A police officer cannot search an individual without a specific reason, even with their consent.

Police Scotland regularly use the operational policing tactic of stop and search for the prevention, investigation and detection of crime. The tactic goes beyond recovery rates and its intention is to keep people safe and improve community wellbeing. If an individual is stopped and searched by the police in Scotland, it does not mean that they are automatically arrested. This is a temporary action, and individuals are usually free to go afterwards. Current records show that around 1 in 3 stops result in a positive finding. If the police do find something during the search that leads them to believe that the person has committed a crime, they may then arrest the individual.