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

1. Introduction

1.1 The Scottish Government carried out a public consultation on revisions made to the Code of Practice on the use of stop and search in Scotland. The consultation paper was published alongside the consultation questionnaire on 10 February 2026, with a closing date of 05 May 2026 for submission of responses. This report presents findings from analysis of the responses received during consultation.

Background and policy context

1.2 The Stop and Search Code of Practice (‘the Code’) applies to the functions exercisable by a constable. The Code sets out the circumstances and procedures to be followed to carry out a lawful search and how to record information about these searches, as well as the right of someone to receive a copy of the search record.

1.3 Following its development by an Independent Advisory Group chaired by John Scott KC, the Exercise by Constables of Powers of Stop and Search of the Person in Scotland was introduced in Scotland in May 2017 through the Criminal Justice (Scotland) Act 2016. The Independent Advisory Group on Stop and Search conducted two reviews of the Code of Practice following its publication – a six-month review, published in February 2018, and a twelve-month review, published in June 2019.

1.4 Section 73 of the Criminal Justice (Scotland) Act 2016 requires Scottish Ministers to make a code of practice about searches of persons who are not in police custody. Section 74 of this Act provides for the review of the Code and allows the Scottish Ministers to revise the Code in light of such a review.

1.5 The revised Code aims to provide a clear, consistent, and legally robust framework for the use of stop and search powers by constables in Scotland. It sets out:

• The legal basis for stopping and searching individuals who are not in police custody
• The scope and principles governing the conduct of searching individuals with an enhanced focus on human rights considerations
• Steps to be taken before, during and after a search
• Updated guidance for engaging with children and vulnerable individuals
• Enhanced requirements for recording, monitoring and oversight

1.6 The consultation paper published by the Scottish Government outlined the background to the review of the Code and described the purpose of the Code as providing the framework for how constables’ powers should be exercised in respect of stop and search encounters. It is intended to support searches being carried out lawfully, accountably and proportionately.

1.7 The revised Code seeks to reaffirm these principles. It also seeks to reflect developments in law, policing practice and society, and responds to feedback from policing partners and key stakeholders.