Use of stop and search - revised Code of Practice: consultation

Ministerial foreword

Scotland is a country that values fairness, justice, and respect for individual rights. These principles must remain at the heart of how we police our communities.

The power to stop and search is one of the most visible and impactful tools available to the police, but it is also a power that must be exercised with care, transparency, and the appropriate justification.

Since its introduction in 2017 through the Criminal Justice (Scotland) Act 2016, the Stop and Search of the Person in Scotland: code of practice for constables (‘the Code’) has provided a framework for when and how officers may stop and search individuals, helping to ensure such powers are used lawfully, proportionately, and with respect for the dignity of all people.

The legislation requires the Code to be reviewed every four years. The Scottish Government has worked closely with policing partners and other key stakeholders to undertake this review, and this consultation seeks views on a revised Code for Scotland.

I would like to take this opportunity to thank our policing partners and the many stakeholders who worked with the Scottish Government to revise the existing Code. Their insight has been vital in ensuring the revised Code remains fit for purpose and continues to support effective stop and search practice across Scotland.

This consultation is an opportunity to listen, reflect and to strengthen public trust. We want to ensure that the updated Code incorporates recent legislative and operational developments, and - equally importantly - strengthens safeguards for vulnerable people in our society.

I encourage everyone with an interest in justice, equality and community safety to take part. Your views will help ensure that the Code remains robust, fair, and fit for the future — supporting effective policing while upholding the rights and freedoms that define our society.

Angela Constance MSP Cabinet Secretary for Justice and Home Affairs

1. Purpose of this consultation

This consultation seeks views on the draft revised Code of Practice for Stop and Search. The draft Code is included as Annex A of this paper.

2. Introduction

Respect for human rights lies at the heart of our democratic society. Everyone has the right to go about their daily lives without undue interference from the State. When the State is required to intervene — particularly through policing — the State must exercise its powers lawfully, fairly, and with respect for people’s freedoms and dignity.

In Scotland, the Police and Fire Reform (Scotland) Act 2012 sets out clear statutory policing principles and establishes that the core purpose of policing is to improve the safety and wellbeing of individuals and communities. Policing must also be grounded in human rights and delivered in collaboration with partners and the public. The legislation requires this to be achieved in a way which prevents and reduces harm, maintains order and protects individuals’ rights and freedoms. These duties apply to the exercise of all policing powers.

The Stop and Search of the Person in Scotland: code of practice for constables (the ‘Code’), introduced through the Criminal Justice (Scotland) Act 2016, provides the framework for how constables powers should be exercised in respect of stop and search encounters. It ensures that searches are:

• Lawful – conducted within statutory powers and human rights obligations
• Proportionate – balancing public safety with individual freedoms
• Accountable – supported by robust recording, monitoring and oversight

The revised Code reaffirms these principles. It also reflects developments in law, policing practice and society, and responds to feedback from policing partners and key stakeholders.

This consultation seeks your views on the revised draft Code, including whether it provides sufficient clarity, safeguards and balance between effective policing and protection of human rights.

3. Consultation areas

Scope and clarity of the revised Code of Practice

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

This consultation seeks views on whether the revised Code:

• Clearly defines when and how powers to stop and search may be used
• Adequately outlines safeguards for equality, privacy and human rights, in line with the Human Rights Act 1998 and the Equality Act 2010
• Is accessible and understandable to officers and the public
• Ensures adequate protections for children and young people and vulnerable people
• Provides sufficient data recording and oversight requirements to allow proper scrutiny of powers to stop and search in Scotland.

Consultation questions

1. Does the revised Code clearly set out the circumstances in which a search of a person may be carried out when the person is not in police custody?

Yes / No / Don’t know

2. Does the revised Code clearly set out the procedures to be followed in carrying out a search of a person who is not in police custody?

Yes / No / Don’t know

3. Please suggest any areas that could be made clearer or more detailed, or any other improvements that would support better understanding.

Equality and human rights

The revised Code ensures compliance with the appropriate legal landscape, including the Human Rights Act 1998 and the Equality Act 2010.

It emphasises:

• The importance of upholding an individuals’ rights while understanding officers must balance this with the safety of themselves and the public
• The prohibition of unlawful discrimination, harassment or victimisation based on protected characteristics
• The due regard required in the exercise of police functions, as part of The Public Sector Equality Duty
• The importance of ensuring decisions to search are not unduly influenced by a person or groups physical appearance or protected characteristics
• Respect for cultural and religious practices during searches

Consultation questions

4. Does the revised Code provide clear guidance to ensure everyone is treated fairly and respectfully during a search?

Yes / No / Don’t know

5. Please provide any suggestions where the Code could be strengthened or provide stronger protection for individual or group rights?

Strip and intimate searches

The revised Code aims to more clearly define the terms ‘strip’ and ‘intimate’ search, and outline the protocols and data recording requirements associated with each.

6. Does the revised Code provide clear guidance on how strip searches and intimate searches should be conducted?

Yes / No / Don’t know

7. Please provide any suggestions for how the guidance on strip or intimate searches could be improved/strengthened.

Establishing sex for strip and intimate searches

The revised Code provides guidance on how constables should establish the sex of a person for the purpose of conducting a strip and intimate search. It reflects the recent legal clarification of sex under the Equality Act 2010 and acknowledges the wider human rights landscape and the need to uphold the dignity and privacy for everyone.

This section of the Code seeks to balance:

• The requirement for searches to be carried out lawfully and in accordance with equality law
• The need to treat everyone with dignity and respect
• The operational realities faced by officers when conducting searches

Consultation questions

8. Does the revised Code provide clear guidance on establishing the sex of a person for the purposes of a search?

Yes / No / Don’t know

9. Please provide further comments if you think the Code could be strengthened to support consistent and respectful practice.

Children and young people

The revised Code re-states and strengthens protections for children and young people (under 18), ensuring a trauma-informed, age-appropriate approach. It includes:

• A requirement that the wellbeing of the child or young person is a primary consideration
• Clearer expectations around communication
• Enhanced guidance on recognising additional support needs and vulnerabilities

Consultation questions

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

Yes / No / Don’t know

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.

Vulnerable individuals

The revised Code provides strengthened guidance on identifying and supporting vulnerable people, including those with mental health conditions and disabilities.

It emphasises:

• Active assessment of vulnerability
• Adaptation of communication and approach
• Carefully balancing operational necessity alongside risk and harm to the individual

Consultation questions

12. Does the revised Code provide sufficient guidance on how police should identify and interact with people who may be vulnerable or need extra support?

Yes / No / Don’t know

13. Please provide further comments if you think the revised Code could include additional measures or safeguards to ensure vulnerable people are adequately protected during a search.

Data collection, recording and oversight

The revised Code seeks to strengthen requirements around recording and monitoring of searches to improve consistency, transparency and accountability.

This section of the code seeks to ensure:

• All searches are properly recorded , including the use of Body Worn Video (BWV) wherever practicable, to ensure transparency and accountability
• Comprehensive recording standards , requiring clear documentation of officer details, grounds for the search, statutory powers used, outcomes and demographic information to support equality monitoring
• Supervisors and senior officers actively monitor the exercise of powers to stop and search , reviewing records, BWV footage and data to ensure powers are used lawfully and proportionately

Consultation questions

14. Does the revised Code clearly set out what information and records are to be kept in relation to a search of a person who is not in police custody ?

Yes / No / Don’t know

15. Does the revised Code clearly set out the right of someone to receive a copy of the information and record kept in relation to a search of a person who is not in police custody?

Yes / No / Don’t know

16. Please provide further comments if there are improvements you would like to see in how stop and search data is collected, monitored or reported.

Public confidence and community engagement

Public confidence is essential to the established principle of policing by consent. The revised Code aims to promote trust through clear communication, transparency, and respect during all stop and search encounters.

Consultation questions

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

Yes / No / Don’t know

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.

Additional information

19. Is there anything in the revised Code that should be added, changed or removed?

Yes / No / Don’t know

20. Please provide any further comments about the Code.