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Police Scotland wants new child search powers Police Scotland admits stop-search data 'not accurate'
(about 2 hours later)
Police Scotland wants a new power to search children and young people for alcohol. Police Scotland's chief constable has said the force did not want to release stop-and-search data because he was not sure it was 100% accurate.
It is among the measures the force thinks may be needed to replace non-statutory stop-and-search. Sir Stephen House was speaking at a special meeting of the watchdog, the Scottish Police Authority.
The chief constable will be asked to set out these possible alternatives by the Scottish Police Authority (SPA). The meeting was called after BBC Scotland revealed police had not discontinued searching under-12s as they had promised in June last year.
The watchdog is holding a special meeting after BBC Scotland revealed police had not discontinued searching under-12s as promised. The chief constable said he was forced to release the data.
The police now intend to consult on ending non-statutory or "consensual" stop-and-search for all age groups. Sir Stephen said: "This information was released under the freedom of information act on the express instruction of the Freedom of Information Commissioner in Scotland.
"We challenged whether it should be released because we were not 100% certain of the accuracy, we wanted more time to work on it. We were told 'no, release it now'.
"It wasn't a consensual release it was legislation release."
The meeting was called after BBC Scotland reported that the data released by Police Scotland has shown 356 children aged under 12 had been subject to "consensual" searches, despite assurances from the force that the practice would cease.
Assistant Chief Constable Nelson Telfer said analysis of the figures suggested that only 18 of the searches had been contrary to force policy.
A number of searches had been carried out under legislative powers, while others had taken place when a parent or guardian was present.
He said IT problems with data collection meant many other incidents of consensual stop-searches of children had been incorrectly recorded.
The chief constable said IT problems had been identified before the data was released to the BBC.
Sir Stephen began the meeting by calling for a non-partisan debate on the issue of stop-search powers.
He said the policy would continue to be an emotive issue.
A balance had to be struck between the rights of the individual and ensuring the community was kept safe, Sir Stephen said.
The police intend to consult on ending non-statutory or "consensual" stop-and-search for all age groups.
But they believe this will leave gaps in their ability to protect the public that must be filled.But they believe this will leave gaps in their ability to protect the public that must be filled.
Illegal itemsIllegal items
Tackling under-age drinking and the anti-social behaviour and crime associated with it is one potential problem.Tackling under-age drinking and the anti-social behaviour and crime associated with it is one potential problem.
At the moment, officers can confiscate booze from under-18s but have no specific power to search for it.At the moment, officers can confiscate booze from under-18s but have no specific power to search for it.
The police would like the law changed to grant them that power before they give up "consensual" searches.The police would like the law changed to grant them that power before they give up "consensual" searches.
Officers have statutory powers to stop-and-search for illegal items such as guns, knives or drugs.Officers have statutory powers to stop-and-search for illegal items such as guns, knives or drugs.
But they make much wider use of a non-statutory power to search people who give their consent.But they make much wider use of a non-statutory power to search people who give their consent.
Of the 640,699 searches recorded by Police Scotland in its first year, alcohol was the main reason for almost a third of them.Of the 640,699 searches recorded by Police Scotland in its first year, alcohol was the main reason for almost a third of them.
Of the 201,126 alcohol-related searches, most of which were non-statutory, about 40% involved under-18s.Of the 201,126 alcohol-related searches, most of which were non-statutory, about 40% involved under-18s.
In 25,846 cases, young people stopped and searched by police were carrying alcohol.In 25,846 cases, young people stopped and searched by police were carrying alcohol.
But concerns have been raised about the capacity of younger children to give informed consent to be searched.But concerns have been raised about the capacity of younger children to give informed consent to be searched.
Last June, Police Scotland said it would stop "consensual" searches on children under the age of 12.Last June, Police Scotland said it would stop "consensual" searches on children under the age of 12.
Last week, there was an outcry at Holyrood after it emerged that hundreds of children had been searched since then. Last week, there was an outcry at Holyrood after the police data was released to the BBC.
The chief constable, Sir Stephen House, has called for an open debate on alternatives.
"We need to consider a range of measures that could replace the current policing tactic of consensual stop-and-search," he said.
Known housebreakers
The SPA will ask Sir Stephen to provide an "initial examination" of options and alternatives at its meeting.
It is understood that the Association of Scottish Police Superintendents has previously argued for a specific power to search for alcohol.
The Scottish Police Federation, which represents rank and file officers, is not convinced that goes far enough.
The federation's general secretary, Calum Steele, said ending "consensual" searches would leave "almost innumerable" gaps in police powers.
In particular, he said it would be difficult for officers to search known housebreakers without specific intelligence that they had re-offended.
HM Inspector of Constabulary, Derek Penman, has carried out an audit of stop-and-search and is due to report by the end of March.
He is expected to recommend a shift towards greater use of statutory powers and improvements in officer training and how searches are recorded.
Speaking ahead of the SPA meeting, a Scottish government spokeswoman said it would explore whether any legislative changes are required once the process has been completed.