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Code of Practice on the exercise by Constables of Power of Stop and Search of the Person in Scotland

Code of Practice on the exercise by Constables of Power of Stop and Search of the Person in Scotland

Friday, January 13, 2017

ISBN: 9781786527561

Stop and search can be a valuable tool in combatting crime, but it is important that we get the balance right between protecting the public and the rights of individuals. The new Code is about finding that balance and maintaining the trust between the police and the public. The Criminal Justice Act, passed unanimously by this Parliament, will end non-statutory (consensual) stop and search when the Code comes into effect

Executive Summary

The Cabinet Secretary for Justice laidregulations before Parliament on 11 January 2017 to bring into effect the Stop and Search Code of Practice. The regulations are subject to affirmative procedure. The Code is intended to come into effect on 11 May 2017.

The Stop and Search Advisory Group chaired by John Scott QC has been closely involved in the drafting of the Code which has also been subject to public consultation.

Non-statutory (or ‘consensual’) stop and search will end once this code comes into force.

The Draft Scottish Statutory Instrument