UN: Powers of stop and search must be repealed
POLICE Scotland’s controversial use of stop and search has been condemned by the UN, in a report calling for the force to be stripped of powers.
The UN High Commissioner for Human Rights said SNP ministers should repeal the police’s ability to carry out so-called ‘consensual’ searches, where officers have no reason to suspect something illegal is concealed.
It said the way the tactic is used was ‘allegedly unlawful’ and also called for additional training for officers.
And it criticised a lack of evidence to show it is not being used disproportionately against any particular communities or ethnic groups.
The damning report is a further blow to beleaguered Chief Constable Sir Stephen House, who is already facing a government- ordered inquiry into use of stop and search.
Alison McInnes, Scottish Lib Dem justice spokesman, said: ‘It is a bittersweet victory that the UN Human Rights Commissioner supports our position that so-called consensual stop and search should be scrapped.
‘In a modern, democratic country it should not be the case that our institutions have been so begrudging towards reforming this illiberal and unregulated tactic.’
Earlier this month, the Scottish Human Rights Commission referred the police’s use of stop and search to the UN, saying it was a breach of privacy.
The report says: ‘ The committee is concerned about the use of stop and search powers in Scotland, particularly nonstatutory searches undertaken on a large scale by Police Scotland, that appear to involve, inter alia, the selective application of such measures in a manner which is allegedly unlawful and disproportionate.
‘Furthermore, the committee observes that no data on the community background of persons stopped and searched
‘Illiberal and unregulated’
under this Act appear to have been gathered so as to ensure that such powers are not used disproportionately and arbitrarily against individuals of a particular ethnicity.’
It goes on to say the Govern- ment should ‘repeal non-statutory stop and search powers’.
Police Scotland promised to end ‘ consensual’ stop and search – where officers have no reason to believe a weapon or drugs is concealed – of under12s last year.
In February, i t admitted breaching this promise, with 18 taking place. But the watchdog Her Majesty’s Inspectorate for Constabulary in Scotland (HMICS) said the true figure was 83, adding it had ‘no confidence’ i n the f orce’s statistics.
HMICS is conducting its own follow-up inquiry in addition to the one ordered by the Scottish Government and being led by human rights lawyer John Scott.
A Scottish Government spokesman said: ‘The new independent Advisory Group, chaired by John Scott, QC, is considering the longer-term policy around the use of consensual stop and search and will make their recommendations by August 2015.’
Assistant Chief Constable Wayne Mawson said the force recognises it is key ‘to strike a balance between protecting the public and the rights of the individual and we are committed to complying with requirements of the Human Rights Act and our Code of Ethics and Police Values’.