Use of stop and search - revised Code of Practice: consultation
This consultation seeks your views on a revised Code of Practice for constables in Scotland when exercising the power of stop and search. The purpose of the consultation is to ensure that the updated Code is lawful, proportionate, clearly understood by the public and police officers, and reflective.
Open
20 days to respond
Respond online
Footnotes
1 The Scottish Ministers are required to comply with the UNCRC in exercising their relevant function under section 74 of the Criminal Justice (Scotland) Act 2016 of updating the Stop and Search Code of Practice. Police constables in Scotland must comply with the UNCRC when exercising search functions conferred by Acts of Scottish Parliament or common law – but they do not have to comply with the UNCRC when exercising search functions conferred by Acts of the UK Parliament. While Scottish Ministers must comply with the UNCRC when updating the Code, police constables acting under that Code will only have to comply with the UNCRC when exercising search functions conferred by an Act of the Scottish Parliament or common law.
2 “relevant police service” means the Police Service of Scotland and any other police organisation which has constables, as defined in section 73 of the Criminal Justice (Scotland) Act, exercising functions in respect of which Parts 1 and 2 of that Act apply.
Contact
Email: stopandsearchreview@gov.scot