Searches ‘are a rights issue’

Central Scotland Conservative list MSP Margaret Mitchell says police stop and search incidents are likely to spark a human rights challenge unless problems are addressed.
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Mrs Mitchell said a police report showing the equivalent of one in eight people in Lanarkshire are searched states “the majority of police officers interviewed agreed that, in their view, many searched on a non-statutory basis may not be aware that they have the right to decline.”

She said: “Officers are not required to inform suspects that they have the right to decline but the fact that the vast majority of those stopped may not know that they can refuse is worrying.“

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However, she said, the report states “the majority of police officers interviewed agreed that, in their view, many searched on a non-statutory basis may not be aware they have the right to decline.

“It is totally unacceptable that Police Scotland seem to have no idea how many who decline to be searched are then subjected to a compulsory statutory search.

“The longer this goes on the more likely it is that this will attract a human rights challenge.”