Scottish Police Federation attacks politicians over ‘ignorance’ of non-statutory stop and searches

The Scottish Police Federation (SPF) has attacked politicians as well as Police Scotland’s leadership over plans to remove the police’s right to search the public.

Calum Steele, general secretary of the SPF (pictured), has written to MSPs stating that the furore of non-statutory searches has revealed politicians’ ignorance over the policy.

Mr Steele said: “The debate on ‘non-statutory’ or ‘consensual’ searches has unearthed frightening levels of political ignorance.

“It is well understood that for the most part we police our nation by consent not by force and for this reason our courts have consistently found that when citizens voluntarily consent to be searched that not only is such practice within the law but that occasions where a person gives consent, the interaction does not amount to a search in the more formal sense of the word.

“It seems to me that this is a determination based entirely on common sense. Are we really suggesting citizens should no longer be able to co-operate with police officers on a voluntary basis?

“The events of the past week have resulted in a frightening narrative that politicians believe they have a role to play in determining how and when police officers exercise their right to stop and search someone.”

He added: “It is also alarming to read and hear reports that politicians consider that they are in a position to reach an agreement with or direct the Chief Constable of the day as to how and when such powers will be used.”

The anger of ordinary police is also directed at the leadership of the police. Many feel figures for non-statutory searches rose as a result of a targets-culture.

Mr Steele said: “Regrettably the police service has to carry much of the responsibility for the hostility toward the subject of stop and search.

“The numbers-driven target approach to this area of policing was ill-conceived and resulted in attention being directed towards meaningless numbers rather than the sensible objective of crime prevention and detection.”

Stop and search numbers increased in the first year of the single force afterchief constable Sir Stephen House rolled out the policy he used in the former Strathclyde force across the whole of Scotland – but the numbers have since declined.

Mr Steele added in his letter: “When police officers exercise their powers to search they do so often under statute and in such circumstances they do not require consent, they can also search people they have lawfully arrested with or without a warrant.

“They can also ask individuals to consent to search and it’s up to the individual whether they consent or not.

“What the public require to know is that police officers are only engaging in this activity in the public interest in an effort to combat crime and to keep the public safe.

“This is best done by training police officers how to exercise their powers and engage with the public in the interests of everyone rather than by political dictate or suggestion to Chief Constables that they have the power to overrule a well-developed system of law.”

Assistant chief constable Nelson Telfer, speaking for the force, said: “The volume of stop and searches is monitored for accountability purposes, not a target for the force.

“We will now review the range of measures needed as we consider with our partners the replacing of all ‘consensual’ stop and searches going forward.”