Police get new stop and search powers
We’ll use them fairly, vow cops
New stop and search powers for police came into force in Renfrewshire, and across the country, yesterday.
And top cops are saying that fairness and respect are vital in helping everyone understand the new code of practice.
Keeping the community safe, preventing and detecting crime, and explaining exactly why a search is being carried out, are the main aims of the powers approved by MSPs at Holyrood.
The code requires police to have “reasonable grounds” for carrying out a search; such us recovery of illegal drugs, weapons or stolen goods.
And officers should be able to tell members of the public why they are being searched, with details such as basic facts, information or specific intelligence about an incident.
Cops can search you entering a football ground or public event and they can search you if they are taking you somewhere for your own safety such as a hospital.
However, officers cannot search you because of how you look, such as your race, colour, gender, religion, or sexual orientation.
And they will only search you without providing a reason when investigating a serious crime and suspect that public safety is at risk.
Police Scotland Assistant Chief Constable Mark Williams said: “Police Scotland welcomes the introduction of the code and has worked closely with the Scottish Government to support its development.
“It provides clear guidance to all our officers and places the rights of the individuals at the centre of any decision to carry out a search.
“In preparation for the introduction of the code all frontline officers have received training and we will continue to work closely with partners, particularly children and young people, to monitor its impact.”
The code says powers must be “necessary, proportionate and in accordance with the law” and recognises that specific guidance on dealing with children and vulnerable adults is required.
Children under 18 should be searched by an officer of the same sex and the search explained in language the child fully understands.
Justice Secretary Michael Matheson added: “The ability of police to stop and search individuals can be an intrusion into liberty and privacy, but remains a valuable tool in combating crime.
“I have spent some time with police officers using the new code on our streets and am in no doubt that such searches will be carried out with fairness, integrity and respect.
“The views expressed during the consultation period were absolutely key to shaping the new code.
“I am very pleased to see it in use and believe that the public can now have even greater confidence in Police Scotland as they carry out their duties.”
The code allows members of the public to ask for a copy of the search carried out on them, as information is recorded.