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

6. Chapter 6 - Considerations when engaging vulnerable people

6.1 Throughout the Code, 'vulnerability' refers to individuals who have additional needs, who may be unable to properly safeguard themselves from harm. People may be affected by:

• Disabilities (including deafness)
• Learning difficulties
• Mental illnesses
• Personality disorders
• Neurodivergence
• Addiction

6.2 These examples are not exhaustive, and constables should remain alert to any indication that an individual may require additional support or adjustments.

6.3 If a person is vulnerable, it may impact on the way that the person is able to understand and communicate. Constables must be aware of the need to modify their language, tone of voice and physical behaviours to assist in communicating.

6.4 Identifying the best way to communicate with, and support, an individual may also include collaboration with other agencies, identifying a responsible or appropriate adult or communicating through an interpreter (including BSL interpreters).

6.5 If a person is considered vulnerable, constables must consider whether they are able to safeguard their own interests and whether they may be at risk of harm. If an individual meets the three point test under the Adult Support and Protection (Scotland) Act 2007, police and other named public bodies must make a referral to the local council if they know or believe that an adult is at risk of harm and that action is needed to protect them.

6.6 An inability to safeguard oneself is not the same as lacking mental capacity. Adults with capacity retain the right to make their own choices, but trauma or adverse experiences may affect how those choices are made or acted upon. Constables should therefore adopt a trauma-informed approach, respect decisions made freely, and remain alert to the possibility that non-engagement may reflect vulnerability.

6.7 All reasonable steps should be taken to ensure the person being searched understands the reason for the search and what it will involve. This includes ensuring that a vulnerable person is aware of the nature and potential significance of police actions and questioning, understands their rights, and is able to exercise those rights meaningfully.

6.8 In every interaction with a vulnerable person, constables must assess the operational need to carry out a search against any potential risk of harm to the person. In doing so, they should consider the individual’s vulnerability and capacity; the operational circumstances; and any risks to the person, the officer, or others, before determining whether it is necessary and proportionate to proceed.

6.9 Vulnerable persons may also be witnesses to searches and constables must be aware of the effect that such a search of another person may have on them. In some circumstances, it may be appropriate to explain the process to those individuals to reduce distress or confusion.