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xUse of stop and search - revised Code of Practice
Date: 26th February 2026
Category:
Child justice system, General measures of implementation, Best interests of the child
Closing Date: 5th May 2026
This consultation seeks views on a revised Code of Practice for constables in Scotland when exercising the power of stop and search. The purpose of the consultation is to ensure that the updated Code is lawful, proportionate, clearly understood by the public and police officers, and reflective.
The revised Code aims to provide a clear, consistent, and legally robust framework for the use of stop and search powers by constables in Scotland. It sets out:
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The legal basis for stopping and searching individuals who are not in police custody
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The scope and principles governing the conduct of searching individuals with an enhanced focus on human rights considerations
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Steps to be taken before, during and after a search
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Updated guidance for engaging with children and vulnerable individuals
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Enhanced requirements for recording, monitoring and oversight
This consultation seeks views on whether the revised Code:
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Clearly defines when and how powers to stop and search may be used
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Adequately outlines safeguards for equality, privacy and human rights, in line with the Human Rights Act 1998 and the Equality Act 2010
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Is accessible and understandable to officers and the public
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Ensures adequate protections for children and young people and vulnerable people
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Provides sufficient data recording and oversight requirements to allow proper scrutiny of powers to stop and search in Scotland.