POLICE are set to axe voluntary stop and search operations, after the First Minister signalled she would consider banning the controversial practice if top-ranking officers do not scrap it themselves.
A consultation over ending all "consensual" stop and searches of members of the public has been launched after it emerged that hundreds of children under 12 were still being subjected to the tactic, months after one of Scotland's top officers told parliament that youngsters would no longer be targeted.
Assistant Chief Constable Wayne Mawson, who made the pledge to Holyrood's Justice Sub-Committee on Policing last June and described searching young children on a voluntary basis as "indefensible", is to be recalled to Holyrood to face accusations he misled MSPs.
Police Scotland has also been asked to explain statistics that show consensual searching of children is ongoing to the Scottish Police Authority.
Ms Sturgeon welcomed the police's move towards ending consensual stop searches, seen as a signature policy of chief constable Sir Stephen House, but did not rule out adopting a "belt and braces" approach which would see the practice banned under law when pressed on the issue at First Minister's Questions.
She said: "Stop and search can be a vital tool in combatting crime and in protecting the public, but there has been legitimate public concern about the practice of non-statutory searches which involve people being stopped in the street and searched after giving their verbal consent.
"What the chief constable has indicated to me - and I welcome this - is that he now wants to move to a situation where the practice of consensual stop-and-search is ended for everyone."
Michael Matheson, the Justice Secretary, is to be updated on the consultation between Police Scotland, the Scottish Police Authority and Her Majesty's Inspectorate of Constabulary in Scotland by next month, Ms Sturgeon added.
The move was welcomed by the Liberal Democrats, who have consistently opposed Police Scotland's extensive use of consensual stop and search. The Scottish Conservatives called for a full review of how the single force is held to account, following the revelations over the continued searching of under 12s.
The party's leader, Ruth Davidson, said: "It is outrageous that a senior police officer should tell MSPs that an 'indefensible' practice would stop, and then carry on as before. A pattern is emerging of national police force chiefs seemingly acting as they please."
Almost 450,000 consensual stop-searches were carried out between March 2013 and April 2014, Police Scotland figures show. Under the tactic, which does not take place elsewhere in the UK, officers can frisk members of the public even if there is no suspicion they broke any laws, while they do not have to inform their target that they have the right to refuse.
Under the new proposals, the police right to search people who are suspected of committing an offence would be unaffected. There were 191,600 suspects searched in the March 2013 to April last year period.
Professor Alan Miller, chair of The Scottish Human Rights Commission, said: "All of us should be free to go about our daily business and the police should only be entitled to stop and search us if they have reasonable suspicion that we are doing something unlawful. We are pleased that Police Scotland is now taking proactive steps to address the concerns that the Commission and others have raised."
Niven Rennie, President of the Association of Scottish Police Superintendents, said he had an "open mind" over the consultation. "Stop and search is an important tool in combating violence and disorder, but it should always be intelligence led," he said. "It's been used to plug a gap in legislation that doesn't allow for searches for alcohol, and that will need to be filled. But the issue has built up such a head of steam that I think the latest figures have made it untenable."
Rose Fitzpatrick, Police Scotland's Deputy Chief Constable for Local Policing, said: "Alcohol searches have the highest positive rate for all stop searches carried out. The impact of alcohol on communities remains, and in considering alternative measures to replace consensual stop searches, we will consult with our partners the Scottish Police Authority and HMICS to ensure that the health and wellbeing of all our communities is protected through appropriate legislative powers."
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