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| Police officers defend stop-and-search policy | Police officers defend stop-and-search policy |
| (35 minutes later) | |
| Rank and file police officers have accused politicians of "ignorance" over consensual stop and searches. | |
| First Minister Nicola Sturgeon revealed last week that senior officers at Police Scotland are considering ending the controversial tactic. | First Minister Nicola Sturgeon revealed last week that senior officers at Police Scotland are considering ending the controversial tactic. |
| But the Scottish Police Federation (SPF) has now written to MSPs insisting the searches increase public safety. | But the Scottish Police Federation (SPF) has now written to MSPs insisting the searches increase public safety. |
| And it defended the right of officers to carry out consensual stop-searches on children. | |
| Last June, Police Scotland told MSPs it would abolish consensual stop-searches for children under 12. | Last June, Police Scotland told MSPs it would abolish consensual stop-searches for children under 12. |
| However, figures obtained by BBC Scotland revealed that 356 children in that age group had been stopped and searched since then. | However, figures obtained by BBC Scotland revealed that 356 children in that age group had been stopped and searched since then. |
| Acting unlawfully | Acting unlawfully |
| That prompted the first minister to say she welcomed the idea of considering whether the tactic should be banned. | That prompted the first minister to say she welcomed the idea of considering whether the tactic should be banned. |
| The Scottish Liberal Democrats have also have announced they are to bring forward legislation to make consensual stop and search illegal. | The Scottish Liberal Democrats have also have announced they are to bring forward legislation to make consensual stop and search illegal. |
| But Calum Steele, general secretary of the SPF, which represents 98% of Scottish police officers, has sent an open letter to MSPs which claimed ministers were in danger of acting unlawfully if they banned the searches. | But Calum Steele, general secretary of the SPF, which represents 98% of Scottish police officers, has sent an open letter to MSPs which claimed ministers were in danger of acting unlawfully if they banned the searches. |
| He described the idea that politicians and the chief constable can decide which laws should be applied and when as "frightening". | He described the idea that politicians and the chief constable can decide which laws should be applied and when as "frightening". |
| And he claimed the debate on non-statutory or consensual searches had unearthed "frightening levels of political ignorance". | And he claimed the debate on non-statutory or consensual searches had unearthed "frightening levels of political ignorance". |
| He said: "The framework of law which governs search and stop and search is well understood and has developed through many decisions of the courts supplemented by extra powers granted to police officers by parliament both at Westminster and Holyrood. | He said: "The framework of law which governs search and stop and search is well understood and has developed through many decisions of the courts supplemented by extra powers granted to police officers by parliament both at Westminster and Holyrood. |
| "None of these powers are granted to the chief constable (other than as an individual holding the office of constable) and there is no place in the common law or statute for politicians deciding on the whim of the moment how, when or why police officers should exercise the powers which the law extends to them." | "None of these powers are granted to the chief constable (other than as an individual holding the office of constable) and there is no place in the common law or statute for politicians deciding on the whim of the moment how, when or why police officers should exercise the powers which the law extends to them." |
| Mr Steele said it was important for the public to know that police officers were only carrying out stop-searches "in an effort to combat crime and to keep the public safe." | Mr Steele said it was important for the public to know that police officers were only carrying out stop-searches "in an effort to combat crime and to keep the public safe." |
| He added: "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." | He added: "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." |
| Mr Steele also said it was an "absolute reality" that many children were "out and about in our communities without the slightest knowledge of their parents or guardians." | Mr Steele also said it was an "absolute reality" that many children were "out and about in our communities without the slightest knowledge of their parents or guardians." |
| He said: "Many smoke from their pre-teen years, many more drink and yes occasionally some also carry weapons and drugs. No amount of wishing it wasn't so changes the fact that it is so and no amount of hand wringing changes the fact that police officers have to deal with thousands of calls every year involving pre-teenage youngsters. | He said: "Many smoke from their pre-teen years, many more drink and yes occasionally some also carry weapons and drugs. No amount of wishing it wasn't so changes the fact that it is so and no amount of hand wringing changes the fact that police officers have to deal with thousands of calls every year involving pre-teenage youngsters. |
| "There may be no general statutory power to search at such calls but there is also no general statutory power to require a name, address or age. Perhaps the police should just do nothing and advise callers that "we have no statutory powers" and simply hope these youngsters come to, or cause no harm. | "There may be no general statutory power to search at such calls but there is also no general statutory power to require a name, address or age. Perhaps the police should just do nothing and advise callers that "we have no statutory powers" and simply hope these youngsters come to, or cause no harm. |
| "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." | "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." |
| 'Political interference' | 'Political interference' |
| Mr Steele said Police Scotland "has to carry much of the responsibility for the hostility toward the subject of stop and search". | Mr Steele said Police Scotland "has to carry much of the responsibility for the hostility toward the subject of stop and search". |
| He said the "numbers-driven target approach" was ill conceived and resulted in attention being directed away from crime prevention and detection. | He said the "numbers-driven target approach" was ill conceived and resulted in attention being directed away from crime prevention and detection. |
| "There are undoubtedly lessons to be learnt from the recent history of stop and search within the Police Service of Scotland", he said. | "There are undoubtedly lessons to be learnt from the recent history of stop and search within the Police Service of Scotland", he said. |
| "These lessons however need to extend beyond the service itself and many parents and guardians need to take a greater responsibility for the actions of their children. | "These lessons however need to extend beyond the service itself and many parents and guardians need to take a greater responsibility for the actions of their children. |
| "The greatest lesson of all however must stem from the historic warnings that a single police service in Scotland could become subject to political interference. | "The greatest lesson of all however must stem from the historic warnings that a single police service in Scotland could become subject to political interference. |
| "How quickly these concerns appear to have faded from the memories of those who now seek to exert what they so prophetically warned against." | "How quickly these concerns appear to have faded from the memories of those who now seek to exert what they so prophetically warned against." |