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| UN human rights body criticises police stop-and-search powers in Scotland | UN human rights body criticises police stop-and-search powers in Scotland |
| (about 1 hour later) | |
| Scottish ministers are under renewed pressure to abolish controversial police stop-and-search powers after United Nations human rights experts said they were potentially breaching international law. | Scottish ministers are under renewed pressure to abolish controversial police stop-and-search powers after United Nations human rights experts said they were potentially breaching international law. |
| The UN human rights committee said that allowing Scottish police to stop and search anyone, even children, without suspicion of a crime was “allegedly unlawful and disproportionate”, and urged that the powers be repealed. | The UN human rights committee said that allowing Scottish police to stop and search anyone, even children, without suspicion of a crime was “allegedly unlawful and disproportionate”, and urged that the powers be repealed. |
| The UNHRC’s recommendation, in a periodic report on human rights in the UK, follows a fierce controversy in Scotland about the widespread use of non-statutory stop and search by Police Scotland after it emerged that hundreds of children and thousands of teenagers had been routinely searched without any evidence of wrongdoing. | The UNHRC’s recommendation, in a periodic report on human rights in the UK, follows a fierce controversy in Scotland about the widespread use of non-statutory stop and search by Police Scotland after it emerged that hundreds of children and thousands of teenagers had been routinely searched without any evidence of wrongdoing. |
| Related: Police stop and search rates in Scotland four times higher than in England | Related: Police stop and search rates in Scotland four times higher than in England |
| The committee said Scottish police should only use statutory stop-and-search powers by properly selecting justifiable targets, to ensure Scotland met the international covenant on civil and political rights; improve training of its officer and ensure “comprehensive data gathering”. | The committee said Scottish police should only use statutory stop-and-search powers by properly selecting justifiable targets, to ensure Scotland met the international covenant on civil and political rights; improve training of its officer and ensure “comprehensive data gathering”. |
| Its intervention, which was welcomed by civil rights bodies and opposition leaders in Scotland, follows growing speculation that an independent review set up in the wake of the controversy by Nicola Sturgeon, the first minister, is likely to recommend its repeal later this year. | Its intervention, which was welcomed by civil rights bodies and opposition leaders in Scotland, follows growing speculation that an independent review set up in the wake of the controversy by Nicola Sturgeon, the first minister, is likely to recommend its repeal later this year. |
| Data showed earlier this year that stop-and-search rates in the greater Glasgow area were nearly 19 times higher than in Manchester, while rates in Scotland overall were four times higher per capita than in England and Wales, where stop and search is now based on far stricter statutory tests. | Data showed earlier this year that stop-and-search rates in the greater Glasgow area were nearly 19 times higher than in Manchester, while rates in Scotland overall were four times higher per capita than in England and Wales, where stop and search is now based on far stricter statutory tests. |
| The controversy erupted early in 2014 after an Edinburgh University researcher, Kath Murray, disclosed figures, reported in the Guardian, that non-statutory stop and search was being heavily used by police against teenagers and children. | |
| Murray, from the Scottish Centre for Crime & Justice Research, found that children under 14 were searched 26,000 times in 2010 without statutory authority, with 500 searches of children aged 10 or under, including children as young as 7. | Murray, from the Scottish Centre for Crime & Justice Research, found that children under 14 were searched 26,000 times in 2010 without statutory authority, with 500 searches of children aged 10 or under, including children as young as 7. |
| Related: Stop and search in Scotland: record figures need open debate | Related: Stop and search in Scotland: record figures need open debate |
| Her study also found police made 145,600 stop-searches without legal cause against 15 to 20-year-olds across Scotland. In Strathclyde there were more searches of 16-year-olds in 2010 than there were 16-year-olds living there, at a rate of 1,406 searches per 1,000 people. | Her study also found police made 145,600 stop-searches without legal cause against 15 to 20-year-olds across Scotland. In Strathclyde there were more searches of 16-year-olds in 2010 than there were 16-year-olds living there, at a rate of 1,406 searches per 1,000 people. |
| The policy was robustly defended by Alex Salmond’s government in Edinburgh, until contested evidence emerged that police were allegedly being set stop-and-search targets, new figures emerged showing the practice was endemic, and Police Scotland also admitted its data was incomplete. | The policy was robustly defended by Alex Salmond’s government in Edinburgh, until contested evidence emerged that police were allegedly being set stop-and-search targets, new figures emerged showing the practice was endemic, and Police Scotland also admitted its data was incomplete. |
| That forced Sturgeon, Salmond’s successor, to announce a formal enquiry into the use of stop and search under John Scott QC, a leading human rights lawyer. | That forced Sturgeon, Salmond’s successor, to announce a formal enquiry into the use of stop and search under John Scott QC, a leading human rights lawyer. |
| Prof Alan Miller, chairman of the Scottish Human Rights Commission, said he was extremely pleased with the UNHRC’s “robust recommendations”. | Prof Alan Miller, chairman of the Scottish Human Rights Commission, said he was extremely pleased with the UNHRC’s “robust recommendations”. |
| “Scotland generally performs well when it comes to human rights,” Miller said. “But gaps still exist when it comes to a series of important issues that affect people in everyday life. These include unlawful police stop and search, high suicide rates, the continued use of corporal punishment in the home, and problems securing access to justice.” | “Scotland generally performs well when it comes to human rights,” Miller said. “But gaps still exist when it comes to a series of important issues that affect people in everyday life. These include unlawful police stop and search, high suicide rates, the continued use of corporal punishment in the home, and problems securing access to justice.” |
| Related: Human rights lawyer to investigate Scottish police use of stop and search | Related: Human rights lawyer to investigate Scottish police use of stop and search |
| Alison McInnes, the Scottish Liberal Democrat justice spokeswoman, urged ministers to support her amendment to a criminal justice bill scrapping the power. “It is a bittersweet victory that the internationally respected UN human rights committee supports our position that so-called consensual stop and search should be scrapped,” McInnes said. | Alison McInnes, the Scottish Liberal Democrat justice spokeswoman, urged ministers to support her amendment to a criminal justice bill scrapping the power. “It is a bittersweet victory that the internationally respected UN human rights committee supports our position that so-called consensual stop and search should be scrapped,” McInnes said. |
| “In a modern, democratic country it should not be the case that our institutions have been so begrudging towards reforming this illiberal and unregulated tactic.” | “In a modern, democratic country it should not be the case that our institutions have been so begrudging towards reforming this illiberal and unregulated tactic.” |
| John Finnie, an independent MSP for the highlands and islands and a former police officer, said Police Scotland had been abusing well-understood common law powers in Scotland for informal and consensual stop and search. | John Finnie, an independent MSP for the highlands and islands and a former police officer, said Police Scotland had been abusing well-understood common law powers in Scotland for informal and consensual stop and search. |
| “The understandable public outcry about stop and search, reflected in the comments in this measured UN human rights committee report, was the result of Police Scotland’s decision to use this sensitive tactic on an unprecedented industrial scale,” Finnie said. | “The understandable public outcry about stop and search, reflected in the comments in this measured UN human rights committee report, was the result of Police Scotland’s decision to use this sensitive tactic on an unprecedented industrial scale,” Finnie said. |
| “This ‘disproportionate use’ as the report puts it largely ignored the well-understood police powers and rather relied on the highly dubious tactic of so-called ‘consensual’ searches. Many of those subjected to these ‘consensual’ searches were minors who were clearly unable to give the necessary informed consent.” | “This ‘disproportionate use’ as the report puts it largely ignored the well-understood police powers and rather relied on the highly dubious tactic of so-called ‘consensual’ searches. Many of those subjected to these ‘consensual’ searches were minors who were clearly unable to give the necessary informed consent.” |