Police consider ending consensual stop and search

Police chiefs are considering scrapping consensual stop and search amid renewed controversy over use of the tactic.

Police Scotland confirmed today that it is to review a range of measures to replace non-statutory stop and search, which accounted for seven out of ten searches conducted in the first year of the single force.

It followed First Minister Nicola Sturgeon telling MSPs that Sir Stephen House, the chief constable, had indicated he “wants to move to a situation in which the practice of consensual stop and search is ended completely for everyone”.

The single force is now set to consult with the Scottish Police Authority (SPA) and Her Majesty’s Inspectorate of Constabulary in Scotland (HMICS) amid clear hints a statutory search power for alcohol will be sought. An update is to be provided to the Cabinet Secretary for Justice, Michael Matheson, before the end of next month.

Consensual stop searches have come under focus once again this week after figures obtained by BBC Scotland indicated that consensual searches on children under the age of 12 were still taking place despite an assurance almost eight months ago that the practice would cease.

Quizzed on the figures during FMQs, Sturgeon said it is “the position of Police Scotland that police do not carry out consensual stop and searches on children under 12” and that the SPA has asked for a “full explanation” of the circumstances in which they have been undertaken.

Scottish Liberal Democrat leader Willie Rennie renewed calls for the First Minister to outlaw consensual stop and search, though Sturgeon said pursuing such a route would likely take much longer.

Deputy chief constable for local policing, Rose Fitzpatrick said: “The public consistently tell us that tackling violent crime and anti-social behaviour are a key concern to them. Where it is targeted, intelligence led and used in the right place at the right time, stop and search is an effective and legal tactic that helps us tackle the priorities communities set for us. 

“Alcohol searches have the highest positive rate for all stop searches carried out. The impact of alcohol on communities remains and in considering alternative measures to replace consensual stop searches, we will consult with our partners the Scottish Police Authority and HMICS to ensure that the health and wellbeing of all our communities is protected through appropriate legislative powers.”

In November, assistant chief constable Wayne Mawson acknowledged a “gap” exists in terms of search powers for alcohol, which represents the majority of stop searches and the majority of detections.

Officers do have powers to remove alcohol in certain circumstances, though there is no statutory search power for alcohol. In May, the SPA said it was an “important topic that merits discussion within the wider criminal justice community” after some officers suggested it is a significant loophole.

As part of its ongoing review of stop and search, which is due to report next month, HMICS is considering the “potential anomaly” that is said to exist, whereby the statutory ability to seize alcohol from young people is routinely being wrongly recorded as consensual stop and searches.

An SPA spokesman said: "This is a welcome step and the SPA will work together with Police Scotland and HMICS to ensure that any change in practice in relation to consensual stop and search is carefully considered, and the implications and interdependencies fully assessed.

“Last year's SPA review of stop and search identified a number of areas for improvement in the use of stop and search. This review of alternatives to consensual stop and search provides an important opportunity to build on that.”

However, fresh questions have been asked over the Authority’s oversight function in general with the Scottish Conservatives calling for a wholesale review of the oversight of Police Scotland.

“We were told when Police Scotland was set up that the SPA would hold it to account,” said Scottish Conservative leader Ruth Davidson. “Well, the evidence suggests that’s not happening.

“If the new Police Scotland service is going to earn people’s trust we need a fundamental review of the way the oversight systems are working.”