Consultation on the review of the Stop and Search of Persons in Scotland Code of Practice for Constables: analysis of responses

10. Public perception of the revised Code of Practice (Q17, Q18)

10.1 This chapter reports on responses provided to questions 17 and 18 of the consultation, which focus on improving communication, trust and understanding around stop and search encounters. Question 17 is a closed question, requiring respondents to answer ‘Yes’, ‘No’, or ‘Don’t know’, while question 18 allowed respondents to submit any further feedback they have on this subject.

Question 17: Does the revised Code support respectful and transparent communication between police and the public during a search of a person?

Question 18: 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.

10.2 The sections below look in turn at the feedback provided in response to each of these questions.

Question 17: Does the revised Code support respectful and transparent communication between police and the public during a search of a person?

10.3 This is a closed question which required respondents to answer ‘Yes’, ‘No’, or ‘Don’t know’, as to whether the revised Code provides adequate guidance to support respectful and transparent communication between police and the public during a stop and search encounter.

10.4 This question received a total of 24 responses. 63% of the responses to this question were submitted by organisations, with the remaining answers provided by individual respondents. As seen in the below table, responses to this question were mixed, with 58% of respondents answering ‘Yes’. Of the remaining respondents, 25% answered ‘No’ and 17% answered ‘Don’t know’. For the respondents who answered ‘Yes’, it was made up of 57% organisations and 43% individuals. Of the respondents who answered ‘No’ to this question, it was split by 50% organisations and 50% individuals. The remaining respondents who answered ‘Don’t know’, all responded on behalf of an organisation.

Percentages may not total 100% due to rounding.

Question 18: 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.

10.5 This open question provided respondents with an opportunity to submit further feedback on how the revised Code could be improved to strengthen trust and understanding, particularly among communities that may have concerns around stop and search. There was a total of 17 responses to this question, with 65% of responses coming from organisations, and the remaining 35% from individuals.

Percentages may not total 100% due to rounding.

10.6 Overall, responses emphasised that while the Code supports improved communication in principle, further steps are required to ensure consistent and meaningful engagement, particularly with communities who may experience or perceive disproportionate impacts.

Equalities and human rights

10.7 A key theme across responses was the need to strengthen trust with minority ethnic communities. Respondents highlighted concerns about potential inconsistencies in the application of stop and search powers and perceived or reported disproportionate impact on some groups. There were calls for the revised Code to more explicitly acknowledge these concerns and to reinforce expectations around fair, consistent and proportionate use of powers.

10.8 Responses also emphasised the importance of clear communication during stop and search encounters, including officers explaining the legal basis for a search and individuals’ rights. It was suggested that improved training in equality, cultural competency and anti‑discrimination, alongside greater engagement with communities, would support increased trust and confidence.

Accessibility

10.9 Accessibility was identified as an important factor in building trust. Respondents highlighted the need for clearer guidance on supporting individuals with communication needs, including those with limited English proficiency, disabilities or additional support requirements.

10.10 Suggestions included strengthening guidance on the use of interpreters and accessible formats, as well as ensuring that communication is tailored to individual needs. There were also calls for greater engagement with specific communities, including deaf and BSL‑using groups, to improve understanding and transparency.

10.11 Respondents further emphasised the importance of ensuring that search practices are sensitive to individuals’ circumstances, including appropriate handling of personal equipment and adapting communication approaches where necessary.

Transparency and communication during searches

10.12 Feedback also requested measures targeted at improving transparency during stop and search encounters. Respondents suggested that, where appropriate and practicable, clearer information could be provided to others present, particularly in group or public settings. There were suggestions that explanations should be provided wherever possible to support understanding and reduce perceptions of unfairness.

10.13 Respondents also highlighted the impact of visible policing practices on public confidence, noting that stop and search encounters can shape wider perceptions of policing. Strengthening guidance on communication in public settings, including signposting to further information and complaints processes, was identified as an area for improvement.

Children and young people

10.14 A small number of responses highlighted the need for clearer communication and safeguards for children and young people, including suggestions to strengthen guidance on providing information about searches and individuals’ rights in a way that is accessible and appropriate for younger people.

Operational considerations

10.15 Broader concerns about the impact of stop and search powers on public confidence were also raised. This included views on when searches should be used and how they are carried out, with suggestions that clearer and more consistent application of powers would help reduce mistrust and improve community relations.