The High Court has thrown out an Angus drug user’s legal challenge to controversial “stop and search” legislation.
In what is believed to be the county’s first appeals against a policing tactic that has attracted widespread criticism, judges have ruled officers acted well within their powers when they stopped Tracy McKenzie in a Forfar street.
Judge Lord Malcolm had “no difficulty” in rejecting an appeal against McKenzie’s conviction for heroin possession on February 4 this year.
An Appeal Court panel of Lord Malcolm, Lady Dorrian and Sheriff Principal Scott QC held that the officers had reasonable grounds for suspecting that the appellant was involved in a drugs offence.
The judge stated: “In the present case there was a named person, an address, and a specified drug said to be in supply.
“The appellant entered the address and left very shortly thereafter.
“She said that she had visited the suspected man. The duration of her visit had the hallmarks of a drug deal, particularly heroin.
“Her explanation was suspicious.”
In response to the ruling, local police backed their officers and said they will continue to enforce the law.
Superintendent Graeme Murdoch told The Courier: “Local communities repeatedly tell us that tackling violent crime and anti-social behaviour in the places where they live is a priority.
“The number of stop and searches carried out in Tayside continues to make a difference in our communities where we have had more positive searches than last year.
“However, it is not about overall numbers of searches.
“Stop and search must be used appropriately and lawfully in order that we can continue to benefit from public confidence and support.”
McKenzie, 40, was stopped in Forfar by two officers who advised her she was being detained in terms of section 23 of the Misuse of Drugs Act 1971, allowing her to be searched. She removed heroin from a pocket and gave it to the officers.
Following conviction after a trial, McKenzie appealed the decision by raising the action against the procurator fiscal.
She said she believed that the detention was unlawful, and the evidence inadmissible.
McKenzie subsequently went to trial after being charged with the offence and a sheriff ruled the officers had reasonable grounds for their suspicion and the heroin was admissible evidence.
She was fined £150 after being found guilty.
Mr Murdoch added: “Stop and search is one of a number of operational policing tactics that supports our primary purpose of keeping people safe.
“Stop and search must be based on current intelligence, often combined with circumstances and the observations of officers at the time.
“Officers must on each occasion be able to explain the grounds upon which a search was based.”