Stop and Search code of practice: twelve month review - quantitative report

Executive Summary

Section 1: Introduction

• In 2015, the Scottish Cabinet Secretary for Justice established an Independent Advisory Group on Stop and Search (IAGSS) to review of the police use of the tactic in Scotland.
• The IAGSS made several recommendations to the Cabinet Secretary about reforming stop and search and introducing a Code of Practice, which were accepted in full.
• New legislation governing the use of stop and search was introduced in Section 65 of the Criminal Justice (Scotland) Act 2016 and a Code of Practice (CoP) for Stop and Search came into force on 11^th May 2017.
• The Cabinet Secretary requested that research be carried out into Police Scotland's use of stop and search after the CoP had been in place for twelve months.
• This report presents the findings of a quantitative study which evaluates change in the use of police searches and alcohol seizures in the twelve months before and after the introduction of the CoP.
• As recommended by the Independent Advisory Group, this report aimed to examine general changes in the use of searches and seizures and to focus on four specific aspects of the new legislation and the CoP:
  • potential gaps in the legislation around young people and alcohol;
  • other potential gaps in the legislation;
  • any increase in the use of Section 60 Criminal Justice and Public Order Act 1994;
  • use of search involving individuals with protected characteristics.
• A qualitative study was also carried out, by Ipsos Mori Scotland, to examine the views and experiences of police officers, young people and practitioner groups after the CoP had been in place for twelve months.

Section 2: Changes following implementation of the Code

• There was a significant reduction in the number of searches and seizures conducted in Scotland in the twelve months after the introduction of the Stop and Search CoP in May 2017, although this reduction continued a longer term falling trend in encounters that started in 2015 following a critical report by Her Majesty's Inspector of Constabulary in Scotland (HMICS).
• There was a far greater proportionate reduction in police use of seizures (for alcohol) than searches over the two years studied in this report, which is surprising given the concerns expressed by policing representatives during the public consultation about the lack of a legal power to search for alcohol.
• The decline in searches following the introduction of the CoP coincided with an increase in positive outcomes, which suggests that they are being used more effectively and with a greater standard of evidence in terms of reasonable suspicion.
• Positive search outcomes increased across all search types, although they continue to be lowest for searches conducted on suspicion of possession of an offensive weapon.
• The number of searches and seizures was highest in the West Command Area during the twelve months before and after the introduction of the CoP, but there was a greater proportionate decline in both types of encounter within the West compared to the East and North Command Areas.
• The number of searches in the West Command Area was lower in the twelve months following the introduction of the CoP, while the number was higher in the North and the East Command Areas.
• Patterns over time revealed substantial geographical variation in changing use and success of stop and search, suggesting that the new legislation and policy around stop and search may have been interpreted and adopted differently across Divisions.
• Around one in twenty searches involved a strip search (almost always for drugs), and these had a higher than average detection rate.
• Women were more likely than men to be subject to a strip search, but detection rates were significantly lower for women who were strip searched.
• In the majority of searches a receipt was issued by officers; the most common reason for non-issue of a receipt was that the individual being searched either refused to accept it or left the locus before the receipt could be issued.
• There was a small reduction over time in the issuance of receipts, but some evidence of an increase in receipts being issued retrospectively.
• Although individuals have the right to obtain a copy of the record of their search encounter within 6 months, there were only 11 such requests in the twelve months following the introduction of the CoP.

Section 3: Identifying legislative gaps around young people and alcohol

• The police have a power to ask a young person who is carrying or holding alcohol to surrender it; however, there is no specific legislative power to search a person for alcohol, even if officers suspect them of concealing it.
• Around two thirds of alcohol seizures were conducted using Local Authority alcohol byelaws and a quarter were conducted under powers of surrender, but very few involved officers confiscating alcohol from adults suspected of supplying minors.
• Evidence suggests that alcohol consumption amongst young people in Scotland has been on a long-term decline and, in line with this, there was a slight fall in alcohol-related incidents involving young people in the twelve months after the CoP was introduced, based on indicative police incident and NHS hospital admissions data.
• Trends in police recorded alcohol-related incidents involving young people varied across Divisions, but most showed either no change or a decreasing trend during the post-CoP period.
• Alcohol seizures declined for all age groups, including young people aged under 18, although they declined least amongst this age group.
• The largest reductions in alcohol seizures occurred in the West of Scotland – especially Greater Glasgow - where there is a long history of alcohol related problems amongst young people.
• The extent of the decline in seizures across Scotland was not consistent with the much shallower decline in alcohol-related incidents recorded by the police, so it is not fully explained by a change in policing demand.

• The findings were not conclusive in terms of identifying whether a statutory power to search for alcohol is required in Scotland; however, there is no indication that existing powers are being used to indirectly search for alcohol.

Section 4: Other potential gaps in the legislation

• There was very little difference in the relative distribution of statutes used to conduct searches during the twelve months before and after introduction of the Code of Practice.
• Officers used the 2016 Criminal Justice (Scotland) Act to search 139 people during removal or transportation to another place; and they conducted 34 searches as part of an intervention under Sections 20 and 32 of the Police and Fire Reform (Scotland) Act 2012 to protect life.
• It was not possible from the analysis conducted in this report to say whether further legislation is required; however, the use of Sections 20 and/or 32 of the 2012 Act to justify searches does create a slight ambiguity in terms of the wording of Section 65 of the 2016 Act.

Section 5: Change in the use of Section 60 authorisations

• Prior to the introduction of the CoP, concern was expressed that phasing out consensual search may result in an increase in the use of so-called 'no suspicion' searches by Police Scotland under Section 60 of the Criminal Justice and Public Order Act 1994.
• There have been only three authorisations under Section 60 since the CoP was introduced, all for football matches, and only one resulted in any searches being undertaken.
• The limited use of Section 60 authorisations in Scotland demonstrates that, unlike in England and Wales, it has not been used to widen the scope for police use of search.

Section 6: Searches and seizures for people with protected characteristics

• Rates of search reduced across all ages and, while young people in their mid to late teens continued to be the most likely group to experience a search, the degree of disproportionality in terms of targeting these groups significantly declined in the twelve months following the introduction of the CoP.
• Rates of seizure (mainly involving alcohol) also declined significantly across all age groups; however, seizure rates declined less for young people under the age of 18 than for older people.
• Search rates declined for males (across all age groups) and females (across some age groups) in the twelve months following the introduction of the CoP, although search rates for females were more affected by the introduction of recording for searches under warrant than males.
• Reductions in seizure rates were very similar for males and females across all age groups, suggesting that changes in practice affected both sexes fairly evenly.
• Searches and seizures predominantly involved White people both before and after the introduction of the CoP, and the overall profile of searches largely matched the population profile for Scotland.
• Non-recording of ethnic group during searches increased in the period following the introduction of the CoP, although there was evidence that Police Scotland had taken steps to rectify the situation following publication of the six month review.
• The rate of searches declined within all ethnic groups, but the reductions were greater for encounters involving people who self-defined as Non-White than White.
• There was a significant increase in positive detection rates for all age groups after the introduction of the CoP, although these continued to be lowest for those aged under 18 which suggests that the threshold of reasonable suspicion is applied more stringently amongst adults than young people.
• Positive detection rates increased for both sexes, but searches of males were more likely to result in a positive outcome than those involving females in the year after the CoP was introduced.
• Detection rates also improved amongst all ethnic groups, especially those from Mixed or Other ethnic groups, although numbers in these groups were small.
• Overall, the introduction of the CoP coincided with an increase in positive outcomes for groups with protected characteristics, although there continues to be inequality between some groups in terms of who is searched and how successful those searches are.

Section 7: Predicting positive search outcomes

• Regression analysis was used to examine the impact of three different aspects of searches on the odds of a positive outcome: the protected characteristics of the person who was searched; the factors relating to the search itself; and the time period of the search.
• The results showed that, even when a range of other factors were taken into account, the likelihood of a positive outcome was higher for men than women and lower for people aged under 18 than adults, but there was little difference according to ethnic group.
• The success of searches was also influenced by the time of day and the day of the week when they were conducted, with evidence that searches conducted during busy periods of activity were more likely to be productive than those conducted during less demanding periods.
• Successful detection was greater for searches conducted for stolen property than for drugs, while searches conducted for offensive weapons or other reasons were far less likely to be successful.
• Even taking account of other factors, there were considerable differences in the likelihood of a successful outcome based on the Division in which the search took place, with least successful outcomes in Greater Glasgow, the North East and Dumfries & Galloway.
• There was compelling evidence that the introduction of the CoP resulted in an improvement in positive outcomes, as searches conducted in the twelve months following the introduction of the Code of Practice had greater odds of resulting in a positive detection than those in the previous year.

Section 8: Conclusions

• Overall, the introduction of the 2016 Act and the CoP has been successful in terms of improving the effectiveness and proportionality of stop and search in Scotland.
• Searching in Scotland is now being conducted with a greater standard of evidence in terms of reasonable suspicion.
• There is no strong evidence to support the introduction of a power to search young people for alcohol; although, powers to deal with large, spontaneous gatherings of young people where alcohol use causes concern for public safety could be considered.
• Some further legislative amendments to reassure officers of their powers to search where there is a concern for protection of life may also be necessary.
• There remain some issues about the use of stop and search that should be subject to ongoing monitoring conducted through normal scrutiny channels.