Consultation on a Draft Code of Practice for Stop and Search: Analysis of Responses

Footnotes

1. https://consult.scotland.gov.uk/organised-crime-and-police-powers-unit/stop-and-search

2. The consultations is one of two consultations arising from the work of the Advisory Group, with a concurrent consultation exercise seeking views on whether the police should have a new statutory power to stop and search children and young people for alcohol.

3. Section 67 of the Criminal Justice (Scotland) Act 2016.

4. Chapter 4, section 32: http://www.legislation.gov.uk/asp/2012/8/contents/enacted

5. https://consult.scotland.gov.uk/organised-crime-and-police-powers-unit/stop-and-search

6. https://consult.scotland.gov.uk/organised-crime-and-police-powers-unit/under18search

7. Note that the offline questionnaire was structured slightly differently with five two-part questions (Questions 1 to 5) and three open questions (Questions 6 to 8).

8. Section 67 of the Criminal Justice (Scotland) Act 2016.

9. Further information on these consultation activities and meetings is contained in the separate report on the consultation on powers to search children and young people for alcohol available on the Scottish Government website.

10. The two pieces of evidence submitted were:
Blake Stevenson Ltd (2016) A Qualitative Study of the Impact of Stop and Search on Individuals and Communities in Scotland, Blake Stevenson Ltd.
Lennon, G. (2016) 'Searching for Change: Scottish Stop and Search Powers' in The Edinburgh Law Review, 20.2: 178-203.

11. Chapter 4, section 32: http://www.legislation.gov.uk/asp/2012/8/contents/enacted

12. PACE Code A, paragraph 1.4.

13. It should be noted that some respondents framed their comments in terms of how they thought searches of children and young people should be conducted. This analysis has assumed that respondents would wish the Code to reflect such conduct, and such comments are considered alongside those comments explicitly putting forward suggestions as to what should be included in a section on children and young people.

14. Getting it Right for Every Child is the Scottish Government's framework for all policy dealing children and young people - the Children and Young People (Scotland) Act 2014 puts GIRFEC on a statutory footing.

15. https://www.gov.uk/government/publications/best-use-of-stop-and-search-scheme

16. The chapter does not include a table presenting the analysis of the tick-box question at Question 6. Those respondents offering additional comments included all those answering 'Yes' at the tick-box question; none of those answering 'No' offered comments. Including a table would not add value to the understanding of respondents' views.

17. Tables presenting the analysis of the tick-box questions at Question 7 and 8 are not included in the chapter. The number of 'Yes' responses to these questions simply reflects the number of respondents who provided a comment, and including the tables would not add value to the understanding of respondents' views.

18. A document containing all comments on detailed aspects of the Code of Practice is available on the Scottish Government online consultation hub: https://consult.scotland.gov.uk/organised-crime-and-police-powers-unit/stop-and-search. This is largely based on comments made in response to Questions 7 and 8, but also includes a small number points made in response to Questions 1 to 6.