Stop and Search in Scotland: 12 questions answered
In Scotland police can only search someone who is not under arrest if a law or a warrant gives them a specific power. Consensual searches ended in 2017. A statutory Code of Practice sets out what officers must tell you, how the search must be done and your right to a record.
Law checked as at 25 September 2026. Legal information only, not legal advice. See how we check this page and recent changes.
Can police in Scotland stop and search me for no reason?
No. Since 11 May 2017, section 65 of the Criminal Justice (Scotland) Act 2016 has made it unlawful for police to search a person who is not under arrest unless a specific law or a warrant gives them the power. Most powers require reasonable grounds to suspect you have something like drugs, a weapon or stolen property. That suspicion must be based on facts, information or intelligence, not on your appearance, age, race, religion or other personal characteristics. So-called consensual or voluntary searches, where no legal power existed, were abolished.
What stop and search powers do police have in Scotland?
The main powers are section 23 of the Misuse of Drugs Act 1971 (drugs), section 48 of the Criminal Law (Consolidation) (Scotland) Act 1995 (offensive weapons), section 50 of the same Act (knives and bladed articles), section 60 of the Civic Government (Scotland) Act 1982 (stolen property) and section 47 of the Firearms Act 1968. There is also section 60 of the Criminal Justice and Public Order Act 1994, which allows searches without individual suspicion in a set area and period where a senior officer has authorised it because serious violence is anticipated. Other specialist powers exist.
What must a police officer tell me before searching me?
Under the Stop and Search Code of Practice, before searching you the officer must give their name and number (unless that would put them in danger) and police station, tell you that you are being detained for a search, and tell you that you do not have to give any information about yourself or say anything. They must explain which legal power they are using, what they are looking for and why they suspect you, or explain a section 60 authorisation. They must also tell you the search will be recorded and that you can get a copy of the record.
Do I have to give my name and address to police during a stop and search?
Not just because you are being searched. The Code of Practice says you have no obligation to give your name, address or date of birth for the search record, and officers should not ask for them for that purpose. However, a different rule applies if an officer reasonably suspects you have committed or are committing an offence. Under section 13 of the Criminal Procedure (Scotland) Act 1995 they can then require your name, address, date of birth, place of birth and nationality, and refusing without reasonable excuse is an offence with a fine of up to £1,000.
Can police make me give my details if I witnessed a crime?
Yes, in limited circumstances. Under section 13 of the Criminal Procedure (Scotland) Act 1995, if an officer believes you have information about an offence they suspect has been committed, they can require your name, address, date of birth, place of birth and nationality. They must explain their suspicion, why they are asking and that failing to comply may be an offence. Refusing without reasonable excuse can lead to a fine of up to £500. You do not have to give a statement or answer other questions at that point.
Will I get a receipt or record after being searched in Scotland?
Yes. The Code of Practice says the officer should give you a receipt explaining police stop and search powers, your right to a copy of the search record and how to complain. You can ask Police Scotland for a copy of the record within 6 months of the search, but only if you gave your name, address and date of birth, because without them the record cannot be matched to you. In an urgent situation an officer may be unable to hand over a receipt, but they should still explain how to get the record.
How much clothing can police make me remove in a public search?
In public, officers can only require you to remove an outer coat, jacket, gloves, headgear or footwear. The exception is during a section 60 authorisation, when section 60(4A) of the Criminal Justice and Public Order Act 1994, which still applies in Scotland, lets a uniformed officer require you to remove an item they reasonably believe you are wearing mainly to hide your identity. A more thorough search should be done out of public view, for example in a police van or nearby station, by an officer of the same sex. A search exposing intimate parts must never take place in a police vehicle.
Can police stop and search children in Scotland?
Yes, if a legal power applies, but extra safeguards exist for anyone under 18. Section 68 of the Criminal Justice (Scotland) Act 2016 requires the officer to treat the child's wellbeing as a primary consideration, and the Code says a search should not go ahead if it would do more harm than good. Children should be searched by an officer of the same sex, in language they understand, discreetly and away from friends where possible. A parent or other responsible adult may be present where practicable, and the child should be given an age-appropriate receipt.
Can police search young people for alcohol in Scotland?
No. There is no police power to search a person for alcohol simply because they are under 18. However, under section 61 of the Crime and Punishment (Scotland) Act 1997, if an officer reasonably suspects someone under 18 in a public place has alcohol, they can require them to hand it over and can dispose of it. They can also require the young person's name and address. Failing to comply is an offence, and the officer must explain their suspicion and that refusing is an offence. The same applies to adults suspected of supplying alcohol to under-18s.
Can I be searched when going into a concert, stadium or event?
Yes, in certain cases. Section 67 of the Criminal Justice (Scotland) Act 2016 allows police to search you at the entrance to public premises or events where the organiser makes consent to a search a condition of entry and you tell the officer you agree. If you refuse, you can be refused entry, but that refusal is not itself an offence. Separate powers also allow searches at designated sports grounds for alcohol and prohibited items under section 21 of the Criminal Law (Consolidation) (Scotland) Act 1995.
Can I film police officers in Scotland?
Generally yes. No law in Scotland stops you filming or photographing police officers carrying out their duties in a public place. However, you must not get in the way. Under section 90 of the Police and Fire Reform (Scotland) Act 2012 it is an offence to resist, obstruct or hinder an officer, which can carry up to 12 months in prison. Officers should not delete your footage or seize your phone unless a legal power applies, for example where it is needed as evidence. Recording is usually safest done calmly and from a reasonable distance.
How do I complain about a stop and search in Scotland?
You can complain to Police Scotland directly, for example by calling 101, online or at any police station, and your search receipt should explain how. If you are unhappy with Police Scotland's final response, you can ask the Police Investigations and Review Commissioner (PIRC) to carry out a complaint handling review. PIRC says requests should be made within three months of the police's final response. Allegations that an officer committed a crime are passed to the Crown Office and Procurator Fiscal Service to consider.
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Stop and search checker →Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
- Criminal Justice (Scotland) Act 2016, Part 2 (search by police)
- Code of Practice on the exercise by constables of powers of stop and search of the person in Scotland (2017)
- Criminal Procedure (Scotland) Act 1995, section 13
- Stop and search: guidance (Scottish Government)
- Use of stop and search: revised Code of Practice consultation (Scottish Government, 2026)
- PIRC: Complaint Handling Review FAQs
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