Stop and Search of the Person in Scotland: code of practice for constables

Part 3 - Engagement prior to a search

5. Engagement - Steps to be taken before conducting a search

5.1 This Code does not affect a constable's ability to speak to a member of the public in the course of the constable's duties (see Note 1). Stop and search is only one aspect of policing. Engagement ( i.e. how constables interact with members of the public and how members of the public interact with constables) can be a key factor in determining outcomes, including public confidence, as well, for example, as allaying suspicions or establishing or confirming grounds for search.

5.2 Unless the circumstances described in the first sentence of paragraph 4.9 exist, before carrying out a search, a constable should try to engage with the individual (see paragraphs 4.10 - 4.13). Constables should use every-day language, build a rapport where possible, and treat everyone with fairness, integrity and respect.

5.3 Constables may, as a result of their engagement, decide not to search a person (see paragraph 4.12).