Dr Lennon examines the existing Scottish law relating to police stop and search powers, and offers a critique of their compatibility with the provisions of the European Convention on Human Rights. She argues that two of the three categories of powers – non-statutory and suspicionless statutory – are likely to be in breach of the ECHR, with the final category evidencing poor practice that provides insufficient protection to the public and insufficient guidance to officers. While she argues that the non-statutory power should be prohibited, the other categories can be amended to ensure they comply the requirements of the ECHR and best practice. There is an urgent need for law reform in this area.
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