Police Scotland should develop an approach to stop and search which would provide safeguards for the public and clear guidance to police officers.

A statutory Code of Practice, removal of stop and search targets and improved recording and public reporting have been proposed in a report published today (Tuesday, March 31).

HM Inspectorate of Constabulary in Scotland’s report of its Audit and Assurance Review of Stop and Search contains a number of recommendations about the future use and management of stop and search.

The aim of its review was to assess the state, efficiency and effectiveness of the processes for recording stop and search activity within Police Scotland and the associated procedures for its supervision, audit and governance. HMICS also examined the impact of the performance framework and targets in relation to stop and search activity. It included comparisons with British Transport Police in Scotland and the Metropolitan Police on their approaches to stop and search.

HM Inspector of Constabulary Derek Penman said: “We have suggested a way forward that should result in significant reductions in consensual stop and search across Scotland, whilst at the same time building a reliable evidence base to allow a more informed view on the future need for consensual stop and search.

“We have recommended a move towards legislative stop and search which, combined with improvements in recording practices, training, supervision and audit, should give communities across Scotland more confidence in the use of stop and search.

“We believe the development of a statutory Code of Practice would establish clearly understood principles and safeguards for the public and would be particularly beneficial in providing clear and transparent guidance on the conduct of searches.

“Due to the lack of guidance and processes, we do not have confidence in the stop and search data currently held by Police Scotland. It should not be relied upon to make informed decisions about future policy and practice in Scotland until an accurate baseline has been established.”

HMICS noted that Police Scotland has established a National Stop and Search Unit, has conducted a pilot in Fife, is currently reviewing stop and search practices and the ongoing requirement for consensual searches. It recognises the need to more fully understand current practice and consider the impact of any major changes to policy and practice before the future strategic direction is decided.

The majority of searches recorded in Scotland are consensual but HMICS found substantial variations in the use of this tactic across the country and some divisions where it had become embedded practice.

The report states there is very little research evidence on the impact of stop and search, either as a localised crime prevention measure or in terms of its wider impact on perceptions of safety in the community. The evidence that exists does not suggest any clear link between the use of stop and search and reductions in crime. It does however indicate that policing is most effective when officers engage in problem solving policing, typically in partnership with other agencies. The report also considered the impact on the younger population of these searches and of the recording of seizures of alcohol as positive searches.

HMICS recognised that police officers felt stop and search was a valuable policing tactic if used appropriately and supported the principle that it should be directed at the ‘right people, in the right place at the right time’.

It remains concerned that officers thought volume targets exist for stop and search despite clear messages to the contrary from senior management and HMICS believes more needs to done by senior staff to ensure that targets are not encouraging negative behaviours.

The report contains a total of 23 recommendations relating to training, guidance, a presumption towards legislative stop and search, seizures of items, governance and aligning stop and search to local priorities. Other recommendations focus on data, ICT systems and placing public confidence at the centre of the activity across Scotland.

As a result of this review, Police Scotland will be asked to create an improvement plan to take forward HMICS’ recommendations. HMICS acknowledges this report builds on the previous scrutiny work on stop and search carried out by the Scottish Police Authority and should inform Police Scotland in setting the development of the future direction of stop and search in Scotland.

During this review, HMICS took the opportunity to examine the issues with over 20,000 incomplete data records on the Police Scotland stop search database. In addition, the Scottish Police Authority asked HMICS to carry out an audit of records relating to those aged 11 years or under.

HMICS will undertake a fuller, statistically significant audit of both positive and negative searches, once Police Scotland has had time to consider the recommendations and implement improvements.