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A doctoral research project examining stop and search in Scotland has led to new legislation, major changes in policy and a 93 per cent drop in the recorded number of stop searches and seizures between August 2013 and December 2015.

At only the start of her academic career, Dr Kath Murray’s remarkable research achievement in prompting the stop and search changes incorporated into the 2015 Criminal Justice (Scotland) Bill has been recognised by a £10,000 award for Outstanding Early Career Impact in the 2016 Economic and Social Research Council (ESRC) Celebrating Impact Prize in partnership with SAGE Publishing.

Dr Murray’s suspicions about stop and search (which allows police officers to search without suspicion or legal authority) were aroused during her PhD research into encounters between the public and police. Working through the data she uncovered an extraordinary fact: in 2010 police officers recorded more searches on 16-year-olds in Glasgow than the number of 16-year-olds living in the city. 

She had unearthed what she describes as “jaw-dropping” levels of largely suspicion-less stop and search practices, targeted disproportionately at young teenage boys, and undertaken without scrutiny or accountability. “People in Scotland were four times more likely to be searched than those living in England and hundreds of children – some as young as six – had been searched,” Dr Murray explains. “Most of these searches had no legal basis and it seemed clear that the prevalence of the practice was potentially damaging in terms of police legitimacy and police-community relations.”

Police Scotland initially refused to accept there was a problem with stop and search. “I think it was assumed that the story would blow over.” Dr Murray points out. But, following her proactive campaign to raise awareness, the Scottish Government appointed an Independent Advisory Group to review the situation in April 2015. This led, in December 2015, to the Scottish Parliament passing the Criminal Justice (Scotland) Act which abolished non-statutory stop and search, established a statutory Code of Practice, and introduced mechanisms to ensure stop and search is accountable and open to scrutiny. 

Changes to police practice have followed including new recording practice, routine publishing of statistics, police providing an advice slip stating the officers’ details and reason for search, and a formal complaints procedure.

The judging panel for the ESRC Celebrating Impact Prize unanimously agreed that Dr Murray’s work had successfully achieved a significant impact on society. Within the space of two years Police Scotland has moved from a policy based on crime control values, to one that aims to balance effective policing with due process, and has recognised the impact of intrusive police tactics on police-community relationships.

In agreement, Professor Richard Sparks, Head of Law School, University of Edinburgh, points out: “For a doctoral project to have initiated a major public debate on an aspect of police practice and led directly to a change in legislation is unprecedented in my experience.”

Case study and video

• Case study: Changing stop and search legislation in Scotland

Notes for editors

1. Dr Kath Murray of the School of Law, University of Edinburgh was awarded the 2016 ESRC Celebrating Impact Prize for Outstanding Early Career Impact (in partnership with SAGE Publishing) and a prize of £10,000. The awards ceremony took place at Central Hall, Westminster on 22 June 2016.
2. The ESRC Celebrating Impact Prize is an annual opportunity to recognise and reward the successes of ESRC-funded researchers who have achieved, or are currently achieving, outstanding economic and societal impacts. First run in 2013 and now in its fourth year, the prize celebrates collaborative working, partnerships, engagement and knowledge exchange activities that have led to significant impact of ESRC-funded research. In addition to the prize for Outstanding Early Career Impact, prizes were presented in four other categories: Outstanding Impact in Public Policy, Outstanding Impact in Society,  and Outstanding International Impact and Impact Champion . 
3. The Economic and Social Research Council (ESRC) is the UK’s largest funder of research on the social and economic questions facing us today. It supports the development and training of the UK’s future social scientists and also funds major studies that provide the infrastructure for research. ESRC-funded research informs policymakers and practitioners and helps make businesses, voluntary bodies and other organisations more effective. The ESRC also works collaboratively with six other UK research councils and Innovate UK to fund cross-disciplinary research and innovation addressing major societal challenges. The ESRC is an independent organisation, established by Royal Charter in 1965, and funded mainly by the Government.
4. Sara Miller McCune founded SAGE Publishing in 1965 to support the dissemination of usable knowledge and educate a global community. SAGE is a leading international provider of innovative, high-quality content publishing more than 950 journals and over 800 new books each year, spanning a wide range of subject areas. Our growing selection of library products includes archives, data, case studies and video. SAGE remains majority owned by our founder and after her lifetime will become owned by a charitable trust that secures the company’s continued independence. Principal offices are located in Los Angeles, London, New Delhi, Singapore, Washington DC and Melbourne.