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Infringing child rights with stop and search to be ended

The Scottish government has announced that all non-statutory - or "consensual" - stop and search by police officers in Scotland is to end, which I strongly welcome. Non-statutory searches, as the name suggests, have no basis in Scots law. They rely on people voluntarily consenting to a search by a police officer. There is no requirement for an officer to have a reasonable suspicion that a crime has been committed, nor for the officer to justify the reason for carrying out the search. These searches infringe children's and young people's rights. The inherent power imbalance between a police officer and a child or young person makes it unlikely that the tactic could ever truly be called "consensual".

While Police Scotland has been adamant that the tactic protects children and young people, and prevents more serious crime, the statistics simply do not bear this out. What they say is that children and young people have been targeted disproportionately by "consensual" stop and search, which has had a negative impact on their perceptions of the police. The announcement the practice would come to an end came after an independent advisory group reported their findings to the Cabinet Secretary for Justice.

The group, of which my own office was part, was chaired by QC John Scott and was tasked with considering whether Police Scotland should operate a presumption against consensual stop and search or whether the practice should end altogether. It was also tasked with developing a draft code of practice to underpin the use of this practice in Scotland.

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