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

1. Chapter 1 - Purpose and scope

Purpose

1.1 The Code of Practice (referred to as the Code) provides guidance on constables carrying out a search of a person who is not in police custody in Scotland. The purpose of the Code is to:

• set out the principles and procedures under which stop and search is undertaken
• provide assurance to the public and constables on the appropriate use of stop and search
• ensure consistency in the application of stop and search
• explain why, when and how, stop and search is used
• detail how the use of stop and search is to be recorded, monitored and scrutinised

Scope

1.2 This Code governs all situations in which constables use their statutory powers to stop and search a person without first making an arrest. The main stop and search powers to which the Code applies are set out in Annex A.

1.3 This Code applies to all constables carrying out their duties in Scotland.

1.4 As set out in the Police and Fire Reform (Scotland) Act 2012 the policing principles in Scotland are:

• that the main purpose of policing is to improve the safety and wellbeing of persons, localities and communities
• that the police should be accessible to, and engaged with communities, and promote measures to prevent crime, harm and disorder

1.5 These principles inform all police work and, by extension, this Code.

1.6 This Code does not change any laws or legal procedures about how stop and search powers must be used. It also does not change existing legal rules, such as what counts as reasonable suspicion or how evidence can be used in court.

Legislative requirements

1.7 Under the Criminal Justice (Scotland) Act 2016, it is a requirement for Scottish Ministers to publish and then regularly review a stop and search code of practice.