MSPs to approve bill including statutory stop and search code

MSPs are to approve a bill that will introduce a statutory code on the use of Police Scotland’s stop and search powers.

The Criminal Justice (Scotland) Bill, which Holyrood will vote on later, sets out police powers to arrest suspects, hold them in custody and question them.

However, a controversial proposal to bring an end to corroboration was dropped from the bill earlier this year.

Justice Secretary Michael Matheson said in September the single force was to bring an end to the practice of “consensual” stop and searches of children and adults.

The decision came after the Scottish government asked John Scott QC to chair an advisory group on the issue. His report said ending the searches wholesale would stop officers from carrying our their duties effectively.

Mr Matheson said in a statement at the time that a new statutory code would be brought in to control how the practice is used by officers.

Consultations are to be undertaken on the details of the code and whether the police should gain a specific power to search children under 18 for alcohol.

The bill will also deal with the period of time police can hold a suspect without charging them. Inspectors and those ranked above will be able to authorise a 12-hour extension to the 12-hour time limit – meaning the police can potentially hold people for up to 24 hours without charge.

The imposition of the extension will, however, require the police to review custody beyond the first six hours.

Initially, the bill included proposals to abolish corroboration in criminal cases but these plans were shelved after lawyers slammed the plans, saying miscarriages of justice would ensue.

Changes to corroboration will now be considered after next year’s Scottish Parliament election as part of a wider review.