Police officers regularly stop and talk to people as part of their duties. They may simply want to speak to you about a local matter or to make sure that you are all right.

There are also times when officers need to carry out a search if they believe you are hiding an item which is either illegal or harmful.

Types of Search

In Scotland, there are two types of search.

Police officers have powers under legislation to search someone, if they have grounds to suspect that they may be concealing an illegal or harmful item. This is known as a statutory search.

A consensual search is when an officer asks for permission to search you. You can refuse and this will not be used as a reason to carry out a statutory search.

Your rights

Officers will act with integrity at all times and treat you with fairness and respect. You will not be stopped and searched because of your age, sex, ethnic background or religion. Before you are searched, officers will explain the reason for the search.

You can refuse to a consensual search and this will not be used as a reason to carry out a statutory search.

Being stopped by the police does not mean that you are under arrest but you will need to stay with the officer until they have completed the search.

You will not get a criminal record unless you have committed an offence.

Any personal information collected will be kept and then destroyed after three years.

You will be given an advice slip informing you of the officer’s details and the reason you were stopped and searched.

What does a search involve

A consensual or statutory search may include:

• you and your clothes.
• anything that you are carrying, such as a bag or wallet.
• the vehicle you are travelling in.

Feedback

If you have been stopped and searched, Police Scotland would welcome your feedback and would appreciate a few minutes of your time to complete a quick survey. If you are unhappy about the way you were treated by the police, you can make a complaint using the online complaint form or by visiting your local police office or contacting them on the non-emergency number 101. For more information on stop and search, visit: www.scotland.police.uk/stopandsearch