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

9. Chapter 9 - Recording requirements

9.1 When a constable carries out a search in the exercise of any power to which this Code applies, a record must be made of it, electronically or on paper, unless there are exceptional circumstances which make this wholly impracticable, for example in situations involving public disorder. It is unlikely to be practicable in most cases to make a record of a search under section 67 of the Criminal Justice (Scotland) Act 2016 (searches on entry to relevant premises and events, where consent has been given as a condition of entry imposed by the organiser).

9.2 The constable carrying out the search must make the record as soon as practicable after the search is completed. Where a stop and search is conducted by more than one constable the identity of all the constables involved in carrying out the search, including any constable supporting another constable who is physically carrying out the search, must be recorded.

9.3 To ensure full transparency, where the technology is available all use of stop and search powers must be recorded, for example on BWV, unless there are exceptional and justifiable circumstances not to do so. Footage for all searches should be handled and retained in line with current practice. Constables should refer to operational guidance or standard operating procedures for more detailed information on the use of BWV in connection with stop and search.

9.4 The record of a search must always include the following information:

• Details of the constable conducting the search (including the police station to which they are attached (see 9.7 below)
• Details of the corroborating constable
• Time of search
• Date of search
• Location of search
• Whether the search was a standard search (i.e. a search which is not a strip or an intimate search), a strip search within a police station, a strip search out with a police station, or an intimate search
• The legal basis of the search
• The grounds on which the search is based, including the grounds for reasonable suspicion
• The outcome of the stop and search
• Details of any item(s) recovered
• In the case of a search conducted in accordance with the power under section 60 of the Criminal Justice and Public Order Act 1994, the nature of the power, the authorisation and the fact that it has been given
• In the case of a search of a person in accordance with a warrant, the date the search warrant was issued and the fact that the warrant was produced
• The details and registration of any vehicle searched in connection with the search

Personal details

• Name of person searched (if provided - there is no requirement for a person to provide their name if nothing is found but it should be recorded if given)
• Age of person searched (if provided)
• Constable’s estimate of the age of the person searched (if not provided and the constable estimates the person’s age to be under 18 years)
• Sex (if provided)
• Gender identity (if provided, respecting privacy and dignity - disclosure is voluntary). Constables must avoid asking questions that would disclose a person’s trans history in public or otherwise risk undermining their dignity
• Date of birth of person searched (if provided)
• Address of person searched (if provided)
• Self-defined ethnicity, aligned to Scottish Census categories (if provided)

Searches which do not result in an arrest

9.5 The person who has been searched should be given at the time of the search a receipt which explains how they can obtain a copy of the record. Where a search does not result in recovery of any item (‘negative search’), the same recording requirements apply.

Searches which result in an arrest

9.6 If a person is arrested as a result of a search to which this Code applies and they are taken into custody, as well as the stop and search being recorded in accordance with this Code, the receipt of stop and search should be placed into their property once in the custody suite and recorded on the national custody system.

9.7 This Code does not require the names of constables to be shown on the record of search or any other record required to be made under this Code where a constable reasonably believes that disclosing names might endanger themselves or other constables. In such cases the record should disclose the constable’s warrant or other identification number and the police station which they are attached to, except where the constable reasonably believes that giving the name of the police station might put them or other constables in danger.

9.8 A separate record for each person searched must be available should a copy be required.

9.9 The record of the grounds for making a search must briefly but informatively explain the reason for suspecting the person concerned, by reference to facts, intelligence or information.

9.10 This Code does not require a constable who requests a person in a public place to account for themselves, in relation to their actions, behaviour, presence in an area or possession of anything, to make any record of the encounter or to give the person a receipt where no search is conducted.