Lesson 1 - Stop and Search - The Code of Practice

Question 1

Stop and Search Definition

Answer 1

A stop and search is one conducted by a Police Officer in the course of their duties where a person who is not in Police custody is searched using a specific statutory provision or in accordance with a search warrant issued by a court in Scotland

Question 2

What is a search?

Answer 2

When an Officer
A - Requests a person to open their mouth/hands
B - Opens a bag in their possession
C - Turns out a person’s pockets
D - Conducts a physical (non-intimate) search of body/clothing
E - Requests a person to carry out actions described at B and C

Question 3

The Stop and Search Code of Practice applies to:-

Answer 3

• All stop and searches of a Person who is not in Police Custody carried out in contrary to a statutory power
• Searches carried out in accordance with a warrant

Question 4

The Stop and Search Code of Practice does not apply to:-

Answer 4

• Searches of persons in custody
• Searches of person under arrest
• Searches of vehicles and vessels that do not also involve a search of a person
• Searches of premises that do not also involve a search of a person
• Searches under Schedule 7 of the Terrorism Act 2000
• Searches of persons and vehicles in specified locations authories under section 47A of the Terrorism Act 2000

Question 5

What is Section 67 of the Criminal Justice (Scotland) Act 2016 is in reference to and is it a recordable search?

Answer 5

Searching a person as a condition of entry which is dictated by the event organiser e.g. football matches and music events
This is not recordable on the Stop and Search Database

Question 6

What does S. 66 Criminal Justice (Scotland) Act 2016 provide a Police Officer authority to do?

Answer 6

Search a person who is not in Police Custody when they are to be, or is being, taken to or from any place by virtue of any enhancement or where it it is deemed necessary due to the care or protection of the person

Question 7

Explain S. 20 of the Police and Fire Reform (Scotland) Act 2012

Answer 7

This allows a Constable to conduct a search in order to prevent and detect crime, to maintain order, to protect time and property. This is not a specific power of search

Question 8

Explain S. 32 of the Police and Fire Reform (Scotland) Act 2012

Answer 8

This allows a Constable to conduct a search to improve the safety and well-being of persons, localities and communities

Question 9

What are the 3 ‘Reasonable’ means for a search?

Answer 9

• The suspicion must be based on facts, information and/or intelligence
• The facts, information and/or information must be relevant to the likelihood that the object is question will be found
• A reasonable person would be entitled to reach the same conclusion

Question 10

What are NOT ‘Reasonable’ reasons for a search?

Answer 10

• A persons physical appearance (protected characteristics)
• A person’s clothing or general appearance
• Generalisations or stereotypes
• The fact that a person has any previous convictions

Question 11

Define ‘IDEAS’ in relation to stop and search

Answer 11

• Identify yourself to the person being searched
• Detain the person using the relevant search powers
• Explain suspected object and grounds for suspicion
• Articulate grounds
• Stop search receipt

Question 12

Strip and Intimate Searches Definition

Answer 12

A strip search is a search involving the removal of more than outer coat, jacket, gloves, headgear or footwear

Question 13

What are the 12 points required to be listed in your notebook after a stop and search?

Answer 13

• Details of the PC conducting the search
• Details of the corroborating PC
• Time, date, locus
• Name
• Age
• DOB, address, self-defined ethnicity origin
• The statutory power of search used
• The ground/reasonable suspicion that led to search/seizure
• The outcome
• Details of anything recoverd
• The stop and searcg receipt number given to the subject
• The stop and search database reference number

Question 14

What powers does S61 of the Crime and Punishment (Scotland) Act 1997 provide to a PO in relation to a person under the age of 18 in a public place?

Answer 14

• If they are in possession of alcohol the PO may require that person to surrender the alcohol to them and provide the PO with their name and address

Question 15

What powers does S61 of the Crime and Punishment (Scotland) Act 1997 provide to a PO in relation to a person over the age of 18 in a public place?

Answer 15

• If they are in possession of alcohol and they have supplied alcohol to a person under the age of 18 for consumption in a public place, the PO may require that person to surrender the alcohol to them and provide the PO with their name and address

Question 16

What powers does S7 Tobacco and Primary Medical Services (Scotland) Act 2010 provide to a PO in relation to a person under the age of 18?

Answer 16

• If they are in possession of a tobacco product or cigarette papers, the PO may require them to surrender the items to the PO along with their name and address