Law Society of Scotland in warning over child alcohol searches

alcohol - Ian Britton - credit 

Handing police new powers to stop and search children for alcohol "may have long-term negative effects", the professional body for Scotland’s solicitors has warned.

A Scottish Government consultation on police powers to search children for alcohol closed last week.

However, the Law Society of Scotland said the searches could alienate young people, as well as being ineffective.  

Only a small number of searches actually result in alcohol being found, the society said.

The Scottish Government consultation was carried out after an independent advisory group recommended that non-statutory, or consensual, shop and search should end when a new code of practice comes into force next year.

From that point on, Police Scotland will be able to search a person only where they have a specific legal power to do so.

But in their report, the advisory group highlighted a potential legislative gap once consensual search ends, as the police do not currently have a specific legal power to search children and young people for alcohol.

However, the group's members were unable to reach a view on whether a new search power was desirable or necessary, and recommended the Scottish Government should carry out a public consultation.

A consultation document published by the Scottish Government stated that only 9.7 per cent of searches of people under 18 resulted in alcohol being found between 1 June and 31 December last year.

The paper argued that "not having a search power could put children and young people at risk of harm", but also stated that: "A new search power would not give the police any new powers to take alcohol away from a young person."

In their response, the Law Society of Scotland said "we do not consider legislation would be necessary, or indeed desirable."

Ian Cruickshank, convener of the society's criminal law committee, said: "Giving the police new powers to stop and search young people for alcohol could alienate them and may have long term negative effects, both for Police Scotland and young people in general.

"There is a risk that a new power to search a child or young person for alcohol would generate a disproportionate negative perception of children, as evidence shows only a small number of searches actually result in the finding of alcohol."