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

10. Chapter 10 - Monitoring and supervising stop and search

10.1 Any misuse of stop and search powers is likely to be harmful to policing and lead to mistrust of the police by the local community and by the public in general. Supervising officers must proportionately monitor the use of stop and search powers by individual constables to ensure that they are being applied appropriately and lawfully.

10.2 They must also ensure that the practice of constables under their supervision in stopping, searching and recording is fully in accordance with this Code. Monitoring may take many forms including: direct supervision of the exercise of the powers; examining records held on the stop and search database (particularly examining the constable’s documented reasonable grounds for suspicion); examining body worn footage; asking a constable to account for the way in which they conducted and recorded particular searches; or through complaints about a stop and search that a constable has carried out. Training opportunities for individual constables and for the wider police service should be identified as a result of such monitoring, with best practice identified and communicated proactively throughout the service.

10.3 Senior officers with local responsibilities for stop and search and those who have the national policy leads for stop and search must also undertake regular monitoring of the broader use of stop and search powers to ensure that they are used fairly and proportionately and, where necessary, take action at the relevant level. They must also examine whether the records reveal any trends or patterns which give cause for concern and, if so, take appropriate action to address this.

10.4 Supervision and monitoring must be supported by the compilation of comprehensive records of stops and searches at national and divisional levels. Any apparently disproportionate use of the powers by particular constables or groups of constables or in relation to specific sections of the community, or repeated searches of the same individuals, should be identified and reviewed to determine the reasons and where appropriate, action should be taken.

10.5 As soon as practicable after the end of each reporting year (ending 31 March), the Chief Constable of a relevant police service^[2] must publish, as a minimum, information on how many times during the reporting year a stop and search was carried out in Scotland by constables of that service. In addition, so far as practicable, the information is to disclose:

• the number of stops and searches carried out under each statutory power
• how many persons were searched on two or more occasions
• the age, sex, gender identity, and the ethnicity of the persons searched
• the proportion of searches that resulted in something being found or recovered by a constable, including information as to the number of cases in which the item seized was of the type suspected by the constable at the outset of the search
• a case being reported to the procurator fiscal
• the number of authorisations issued under section 60 of the Criminal Justice and Public Order Act 1994
• the number of complaints made to a relevant police service about the carrying out of searches (or the manner in which they were carried out) in Scotland by constables of that service
• the number of receipts issued

10.6 Annual reporting should be presented in a manner accessible to the public, including clear visual data such as dashboards and infographics, along with qualitative commentary explaining trends, outcomes and actions taken to identify and address any areas for improvement.

10.7 The relevant police service should consider engaging with communities, including equality and human rights organisations, to review stop and search data, discuss concerns, and identify improvements; and ensure the Code is applied in a way that is fair, lawful, and respectful of all individuals.