QC To Lead Stop And Search Review

A leading QC is to chair a new independent advisory group on stop and search after a damning'' report into Police Scotland's use of the controversial practice.

Solicitor advocate John Scott, convenor of the Howard League for Penal Reform in Scotland, has been tasked with leading a review of the policy and making recommendations to Scottish ministers by August.

The announcement follows the publication of two reports into the use of non-statutory or consensual'' stop and search by HM Inspectorate of Constabulary in Scotland (HMICS) and Police Scotland.

Labour and the Liberal Democrats have called for Chief Constable Sir Stephen House to return to Holyrood's Justice Committee to answer to the HMICS findings.

It uncovered a lack of consistency on what is recorded as a stop and search across Scotland and concluded that it had no confidence in the force's data on the practice.

The report said frontline officers are still under the impression that volume targets exist for stop and search and some felt under pressure because of this.

It highlighted that 83 consensual searches of children aged 11 or under were carried out between June 23 and December 31 last year after the policy was scrapped, and not 18 as MSPs have been told.

HMICS also concluded that there is a lack of any clear causal connection'' between the use of stop and search and reductions in crime.

Its 23 recommendations include the removal of stop-and-search targets, improved data collection, better training for officers, a new statutory code of practice and a move from non-statutory or consensual'' searches to those where a person is stopped under legislative powers.

Liberal Democrat leader Willie Rennie said: This withering independent report from HMICS shows that everything we were told about targets, data and guidelines has been proven to be wrong.

The complete failure of the police on this issue is exemplified by the fiasco of the figures on the consensual searching of children under 12.''

He called for Scottish ministers to make a parliamentary statement on the issue and said the party would ask for Sir Stephen to be recalled to the Justice Committee.

Scottish Labour's justice spokesman Hugh Henry also said the report cast doubt on the evidence given to Parliament by senior officers.

He said: The report is a damning indictment of how Police Scotland has handled its stop-and-search activities.

The Chief Constable needs to explain to the Justice Committee why Police Scotland's evidence is not consistent with this report.''

A separate report from a Police Scotland-chaired working group to Justice Secretary Michael Matheson said the current 20% positive detection target for stop and search would be removed from April and insisted that the force was working to improve officer training and data collection.

Police Scotland will continue to emphasise to officers the presumption that where a legislative power of search exists this will be utilised in preference to consensual stop and search,'' it said.

The report adds that the introduction of a code of practice may prove valuable'' but needs further examination.

It sets out a number of options for consensual stop and search in the future, including ending it completely or for a defined age-group, but warns of the risks'' of a complete cessation.

Deputy Chief Constable Rose Fitzpatrick, who chaired the working group, said: We acknowledge and will implement in full the recommendations made by HMICS today, many of which are entirely consistent with the proposals made by the chief constable in his report to the Cabinet Secretary.''

The Scottish Police Authority (SPA) welcomed the decision to remove the 20% success target for stop and search but said the change must be communicated clearly to officers.

Both reports will be considered by the new advisory group, which will include representatives from human rights and children's groups as well as the police.

It will look at whether a presumption against consensual stop and search goes far enough or whether it should be stopped altogether.

Mr Matheson said: I welcome the announcement by Police Scotland today that have introduced a presumption against consensual stop and searches for all age groups and have completely ended the practice involving children under 12.

It is vital that stop-and-search powers are used appropriately and we need to make some key decisions on how such powers should be used going forward. We need a clear, consistent approach which, as a society, we can all be agreed upon.

If legislative changes are required, we will not hesitate and we will bring forward proposals which can be considered by Parliament as part of our new Criminal Justice Bill.''

Mr Scott added: I welcome the invitation of the Cabinet Secretary for Justice to chair this advisory group and hope to assist in providing some clarity in this important area, in order that our Parliament can set the appropriate limits for police activity, leaving the police to concentrate on operational matters within more clearly-defined boundaries.''