Police stop and search powers

10 Feb 2026 01:51 PM

Consultation on revised Code of Practice.

Views are being sought on proposed changes to the Code of Practice for how Scotland’s police officers use stop and search powers.

The Code covers the conduct, recording and oversight of stop and search activity. The Scottish Government is legally required to periodically review the Code and has now published a consultation on a proposed update.

The revised Code aims to strengthen protections for children and vulnerable individuals, provide clearer guidance on the steps officers must take before, during and after a search, and introduce enhanced requirements on data recording, oversight and accountability.

Justice Secretary Angela Constance said the proposed changes would ensure the Code continues to support effective policing while maintaining public trust and confidence in the appropriate use of stop and search powers.

Ms Constance yesterday said:  

“Stop and search powers remain a vital tool for police to tackle crime and keep people safe, provided it is exercised lawfully, proportionately and with respect for an individual’s dignity and rights. 

“The revised Code aims to improve clarity, transparency and safeguarding, while strengthening safeguards for children and vulnerable people, with clearer guidance on the steps officers should take before, during and after a search.

“The consultation is an opportunity to listen, reflect and to strengthen public trust. I encourage everyone with an interest in justice, equality and community safety to take part. Their views will help ensure the Code remains robust, fair and fit for the future – supporting effective policing while upholding the rights and freedoms that define our society.”

Background

Consultation of the revised Code of Practice on the use of stop and search in Scotland

Since its introduction in 2017 through the Criminal Justice (Scotland) Act 2016, the Stop and Search of the Person in Scotland: code of practice for constables (‘the Code’) has provided a framework for when and how officers may stop and search individuals who are not in police custody.

The Scottish Government has a statutory obligation under the Criminal Justice (Scotland) Act 2016 to periodically review the code.

In the proposed revised code, sex in this context is defined as biological sex.