Stop-and-search code of practice
Respect for human rights lies at the heart of our democratic society. Everyone has the right to go about their daily lives without undue interference from the state. When the state is required to intervene – particularly through policing – the State must exercise its powers lawfully, fairly, and with respect for people’s freedoms and dignity.
The Stop and Search of the Person in Scotland: code of practice for constables (the ‘Code’), introduced through the Criminal Justice (Scotland) Act 2016, provides the framework for how constables’ powers should be exercised in respect of stop and search encounters. It ensures that searches are:
- Lawful: conducted within statutory powers and human rights obligations
- Proportionate: balancing public safety with individual freedoms
- Accountable: supported by robust recording, monitoring and oversight
The revised code reaffirms these principles. It also reflects developments in law, policing practice and society, and responds to feedback from policing partners and key stakeholders.
This consultation seeks your views on the revised draft code, including whether it provides sufficient clarity, safeguards and balance between effective policing and protection of human rights.
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