‘Agreed’ stop and search of children under eight to end
POLICE yesterday pledged to scrap ‘consensual’ stop-and-search of children under the age of eight.
The move follows controversy over the practice after it emerged there were 640,699 searches of adults and children last year.
Police Scotland figures yesterday showed 264 children aged up to nine were stopped and searched in 2013-14.
There were 69,311 searches of ten to 15year- olds, but the number of children searched – and the overall number of searches of all age groups – has fallen.
Assistant Chief Constable Wayne Mawson told a Holyrood committee yesterday that
‘The position was indefensible’
‘consensual’ stop-and- searches of under-eights would cease.
Police will still have the ability to carry out ‘legislative’ searches – where they have grounds to assume that, for example, a child is carrying a weapon. Normally police try to ensure a parent or carer is present when searches are carried out.
Mr Mawson also announced a pilot scheme in Fife in which the parents of all children subject to stop and search would be given a letter explaining why.
The senior officer, who is responsible for local policing in the West of Scotland, told the Scottish parliament’s j ustice sub-committee that ending the practice of searching young children was ‘about doing the right thing’.
Last month a freedom of information request revealed children under 16 had committed more than 40,000 offences in Scotland in the past two years.
The Scottish Police Authority was asked to review stop and search on children following concerns about increasing use of the power.
Mr Mawson said he ‘thoroughly’ believed that stop and search was effective in reducing particular crimes – but the force had agreed it needed to change its language and approach.
He added: ‘ I’m going to make a strong statement and I’m going to say, [from] here on in, we should not be searching young children under the age of consent on a consensual basis. It has to stop. That is the message going forth I will be putting out.
‘That is certainly the message that is going to be trained out [sic] for the Fife pilot. But we can’t delay on this.’
Scottish Liberal Democrat justice spokesman Alison McInnes welcomed t he decision.
‘I am delighted that after months of pressing the authorities for change to protect children, Police Scotland have finally conceded that the position was indefensible,’ she said.
‘This is a victory for children and their rights. We’ve argued all along for them to be protected. This acceptance of the problems of voluntary stop and search demonstrates change is required. That change cannot stop here.’
Under the new Fife pilot, the details of every person stopped and searched, and the reason why, will be recorded.
In England and Wales children are held responsible for crimes at age ten. In Germany, Italy and Russia it is 14.
Scottish ministers have increased the age of criminal prosecution to 12, meaning children aged between eight and 12 would be referred to the Scottish Children’s Reporter Administration but not to the procurator fiscal. But the age of criminal responsibility has remained at eight – meaning children of that age can acquire criminal records. A Scottish Government spokesman said last night: ‘Stop and search procedures are an operational matter f or Police Scotland. However, targeted, intelligenceled use of stop and search remains one important tool police use to prevent and detect crime and protect citizens and communities.
‘It has contributed to the fact that crime is at an almost 40-year low, violent crime has fallen by half since 2007, homicides are at their lowest rate since records began and crimes of handling an offensive weapon are down by 60 per cent since 2006-07.
‘Searches must be intelligence-led, compliant with human rights guidelines and done with integrity, f airness, respect and sensitivity.
‘It is important to note that searches have led to the recovery of alcohol, drugs and knives – thereby removing the risk of potential harm to children and adults.’