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

7. Searches of children and young people (Q10, Q11)

7.1 Questions 10 and 11 in the consultation asked respondents to consider whether the revised Code provides adequate protections and provisions for children and young people asked to participate in a stop and search.

Question 10: Does the revised Code clearly explain how children and young people should be treated when being stopped and searched by police?

Question 11: Please provide further comments if you think the Code could be strengthened to ensure children and young people are safeguarded and treated fairly and respectfully.

7.2 The sections below in turn look at the views expressed on each of these questions.

Question 10: Does the revised Code clearly explain how children and young people should be treated when being stopped and searched by police?

7.3 This closed question asked respondents to answer ‘Yes’, ‘No’, or ‘Don’t know’ as to whether or not the code clearly explains how children and young people should be treated during a stop and search encounter by police.

7.4 This question received 27 responses in total, 67% of responses to this question came from organisations, with the remaining 33% from individuals. The table below shows that responses were mixed, 48% of respondents answered ‘Yes’, 44% of respondents answered ‘No’, and the remaining respondents answered ‘Don’t know’ (7%). Of those respondents who answered ‘Yes’, it was 54% individuals and 46% organisations. While those who answered ‘No’ to this question, were largely made up of organisations (83%). The two remaining respondents who answered ‘Don’t know’ were both organisations, of which both made further comments under question 11.

7.5 In total, of the 27 respondents who answered question 10, 23 respondents answered the next question asking for further comments on this subject.

Percentages may not total 100% due to rounding.

Question 11: Please provide further comments if you think the Code could be strengthened to ensure children and young people are safeguarded and treated fairly and respectfully.

7.6 This open question provided an opportunity for respondents to expand on their answer to the previous question, offering feedback or concerns on where they believe the revised Code could be strengthened to improve the treatment and safeguarding of children and young people during a stop and search encounter. Of the 23 respondents to this question, 70% of them came from organisations, with the remaining 30% from individuals.

Percentages may not total 100% due to rounding.

7.7 Respondents emphasised an overall need for stronger, clearer and more comprehensive safeguards to ensure that children and young people are treated in a way that reflects their rights, vulnerabilities and additional support needs.

Equalities and human rights

7.8 A key theme in responses related to concerns about potential discrimination, particularly in relation to children and young people from minority ethnic backgrounds. Respondents pointed to perceived disparities in stop and search practices and emphasised the need for the revised Code to more explicitly address bias and discrimination. There were also calls for greater recognition of the experiences of marginalised groups, including the impact of trauma and the potential for mistrust in interactions with police.

Safeguarding

7.9 Respondents frequently highlighted the importance of strengthening safeguarding measures. In particular, there were calls for clearer and more consistent requirements around the involvement of a responsible adult during searches of children and young people. Some respondents suggested that the presence of a responsible adult should be mandatory in all cases.

7.10 Respondents called for the revised Code to provide clearer and more consistent terminology in this area, alongside stronger alignment with children’s rights frameworks such as the UNCRC.

7.11 In addition, respondents highlighted the need for further guidance on issues such as adultification (meaning the risk that children or young people may be perceived or treated as more mature or less vulnerable than they are), including how assumptions about age or maturity may impact decision‑making and treatment during encounters.

Accessibility

7.12 Accessibility was another prominent theme. Respondents raised concerns about ensuring that children and young people fully understand the stop and search process and their rights, particularly where communication needs or additional support requirements are present.

7.13 Suggestions included clearer guidance on how officers can assess understanding in practice, as well as the use of appropriate and accessible communication. The importance of recognising that behaviour perceived as suspicious was raised, and it was noted that this may be linked to communication difficulties or disabilities, and that officers should take this into account during interactions.

7.14 Some respondents also called for more inclusive language and clearer recognition of disability within the revised Code, as well as consideration of how guidance can be adapted to reflect different developmental stages. This included suggestions to distinguish more clearly between children and older young people.

Strip and intimate searches

7.15 Concerns were raised about the use of strip and intimate searches on children and young people. These were widely viewed as particularly intrusive, with respondents emphasising the need for clear and robust safeguards. Suggestions included reinforcing requirements around same‑sex searching and ensuring that such searches are subject to strict limitations and appropriate oversight.