Consultation on the review of the Stop and Search of Persons in Scotland Code of Practice for Constables: analysis of responses
This report analyses responses to the public consultation on the draft revised Stop and Search Code of Practice for Constables in Scotland. It summarises respondents' views on the proposed changes, highlighting areas of support, key themes raised, and suggestions for further revisions.
12. Analysis of manual responses
12.1 As outlined in the introductory chapters, three responses were received from organisations which did not use the consultation questionnaire. As these were submitted in alternative formats, they could not be analysed against individual consultation questions. However, their feedback was reviewed thematically and is summarised below. These responses have been given equal consideration in informing the overall findings of this report and should be read alongside the analysis of questionnaire responses presented in Chapters 4 to 11.
| Individuals | Organisations | Total |
|---|---|---|
| 0 (0%) | 3 (100%) | 3 |
Percentages may not total 100% due to rounding.
12.2 Overall, the manual responses reflected many of the key themes identified throughout the consultation, including concerns relating to children and young people, sex and gender, strip and intimate searches, and broader operational considerations. In most cases, these responses reinforced issues already captured in earlier chapters, while also providing additional detail in specific areas.
Children and young people
12.3 One respondent raised concerns about the Code’s treatment of human rights in relation to children and young people, particularly the application of the UNCRC. It was suggested that the Code could provide clearer and more consistent messaging on its obligations, ensuring that children’s rights are fully reflected in practice and that guidance focuses on supporting lawful, proportionate and rights‑compliant searches.
Sex and gender
12.4 Feedback on sex and gender reflected concerns about clarity and consistency in how these concepts are defined and applied. Some respondents suggested that the revised Code should adopt clearer, legally grounded definitions to support operational understanding, particularly in relation to same‑sex searching and more intrusive searches. There were also concerns about the use of certain terminology and the potential for ambiguity in practice.
Strip and intimate searches
12.5 Respondents highlighted strip and intimate searches as a particularly sensitive area requiring clear and robust safeguards. Feedback emphasised the importance of protecting dignity and privacy, alongside concerns about the use of consent in this context, particularly given potential power imbalances. There were also calls for clearer recognition of same‑sex searching as a safeguard and for stronger alignment with legal and operational frameworks.
Operational considerations
12.6 A number of practical considerations were raised regarding the implementation of the revised Code. Respondents noted that officers often rely on training and experience rather than directly referencing guidance, and suggested that clearer, more practical direction would support consistent application in operational settings.
12.7 Concerns were also raised about the potential impact of recording and monitoring requirements on operational capacity, with suggestions that additional administrative burdens could affect frontline activity. While the importance of transparency and scrutiny was acknowledged, respondents emphasised the need to ensure that requirements remain proportionate and workable in practice.
Contact
Email: Stopandsearchreview@gov.scot