Police Scotland policy on the strip search of children, from the SOP Care and Welfare of Persons in Police Custody;
"In all cases the strip search of a child will only take place with the authority of Criminal Justice Services Division (CJSD) Officer of the rank Inspector or above. Appropriate recording of information will be made on the NCS.
For the purposes of this section, a child is a person who is under 18 years of age (Criminal Justice (Scotland) Act 2016, Section 51(3)). All search processes must be lawful, necessary and proportionate to perceived risk of harm. The purpose of a search is to ensure that a child is not in possession of any item or substance that could cause harm to themselves or someone else.
The Criminal Justice (Scotland) Act 2016 provides a duty to consider a child’s wellbeing in respect of arrest, holding in police custody, interviewing and charging with an offence. Staff must treat the need to safeguard the wellbeing of the child as a primary consideration. This must be balanced alongside the need to act as promptly as necessary to ensure the safety of the child and police staff whilst in custody and to fully investigate crimes.
Officers should also be aware that a trauma informed approach is required when considering whether a child requires to be strip searched. In that regard custody decision makers will be supported through training. Further information regarding what aspects to consider in taking a Trauma Informed Approach can be found within the Custody Officers Guide.
All custody staff and Supervisors must make themselves aware of the contents of the guide before making an application to the Force Custody Inspector to authorise a strip search of a child.
Before a child is searched staff must provide an explanation of the reasons for the search, how it will happen so that they can understand about their rights and the reasons for steps being taken. This must be in plain, everyday language. All explanation must be given in a manner and at a pace that can be understood by the child so that the child has opportunity to consent and co-operate without coercion. The child must be told about what choices they can make when a search is authorised, and these choices should be re-iterated to reassure the child and ensure a rights-based approach. The child’s views should be heard and considered in determining when and how a search will be conducted.
Unless there is risk of serious harm to the child or another, an appropriate person (such as a member of family / carer) should be present when a strip search is conducted. This search can take place in the absence of an appropriate person if the child has specifically requested this, and the appropriate person agrees. The decision must be recorded on the NCS with the details of the adult included. Social Work must be contacted in situations where the parent / guardian refuses to attend or engage to consider a child’s support needs in the context of what is known about the child.
If a child is ‘looked after’ (that is they are subject to a Child Supervision Order), the relevant Social Work Authority or team, carer or care establishment (if known) must be contacted so that an appropriate person can be identified and given opportunity to attend for the purposes of supporting a child before, during and / or after search processes. There is no legislative requirement for those notified to attend. If those so notified decline to attend, details must be recorded on both NCS and interim Vulnerable Persons Database (iVPD) with the search still proceeding.
Where an urgent strip search is essential to prevent immediate risk of harm and is conducted prior to the arrival of an appropriate person, Staff must record the justification, along with what action has been taken to secure the immediate attendance of an appropriate person.
In all cases the strip search of a child will only take place with the authority of CJSD officer of the rank Inspector or above. Appropriate recording of information will be made on the NCS.
All strip searches must be recorded on the iVPD by the enquiry officer. These details may be shared with partners, so it is crucial full details of the strip search are included within the concern report. This should include the reason for the search, views of the child, findings of the search, any specific speech, language, or communication needs. All strip searches of children must be recorded on iVPD.
Where an urgent strip search is conducted of a young person prior to the arrival of a suitable adult, officers must record the justification along with what action has been taken to secure the immediate attendance of the suitable adult."
I don't know the Met policy, as it was then, but the cops in the school incident failed to follow the above SOP by not getting permission for the search and failing to have a suitable adult present. I don't know how inclined a supervisor would be, to give permission. For example, if the school was experiencing high levels of drug issues, with pupils dealing or being at school under the influence, then yes, give permission. If there were no drugs issues, then no.
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