STOP AND Search Summary Sheet - For Policing Module - full exam notes PDF

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Summary

Stop and Search: Racism LO: Examine the range of police powers of stop and search and how they are used by the police. We will focus, in particular, on the argument that the police use them in a racist manner. The adequacy of checks on the misuse of the powers will also be considered. Practise Quest...

Description

LW542 – Policing Law

LO:

Practise Question

STOP AND SEARCH SUMMARY SHEET

Stop and Search: Racism Examine the range of police powers of stop and search and how they are used by the police. We will focus, in particular, on the argument that the police use them in a racist manner. The adequacy of checks on the misuse of the powers will also be considered. Critically assess whether the police powers to stop and search in England and Wales strike an appropriate balance between the interests of the State and the rights of individuals.

Stop and Search Tensions

➢ Summary police power of stop and search is valuable from perspective of police and useful in prevention of crime and disorder – gives them the capacity to quickly check if a member of public is engaging in criminal activity – by stopping and questioning the idv to body frisk it helps police officer check out suspicions and either take further ➢ Equally valuable as it relieves constable of having to arrest idv to check out suspicions It serves interest of person searched – saves freedom, liberty etc from arrest and detention ➢ On the other hand, idv feels gross invasion on his or her privacy – results in feelings of embarrassment - generate feelings of powerlessness and resentment – idv feels at disposal of stranger in uniform – running their hands over their body and requiring them to take of clothing – if idv is from minority can be purely because of skin, locality etc can generate feelings of under class and oppression – permanent cloud of suspicion – criminal suspect until otherwise established ➢ Individuals and communities want to be free from coercive intrusions on their autonomy, privacy and freedom that are inherent to being stopped, questioned and searched by strangers in uniform Discriminatory Used very heavily against BAME – particularly black people stops and ➢ Black 9 times more likely than white people ➢ Young French men perceived as Arabs or black 20 times more likely to be identity ethnic checked than white minorities ➢ Black passengers at UK airport 17 times more likely to be stopped and searched than white (10 times for south Africans, 8 times for black Canadian and twice for black USA) ➢ Vast majority do not disclose criminality – not confined to E and W ➢ Convenient method for police to use without need to resort to arrest Statutory Substantial number of stop and search powers Most frequently used is s1 PACE powers ➢ PACE 1984, ss. 1 and 4 ➢ Criminal Justice and Public Order Act 1994, s60 ➢ Terrorism Act 2000, s47A ➢ Road Traffic Act 1968, s163 ➢ Misuse of Drugs Act 1971 s23(2) ➢ Sporting Events (control of alcohol etc_ Act 1985 s..7(2) ➢ Many others PACE, ss 1 and s.1 - A constable may detain a person or vehicle for the purpose of a search for 4 - Stolen articles; - Prohibited articles – an offensive weapon, or an article intended for: burglary, theft, taking a vehicle, fraud or criminal damage; - Fireworks; or

LW542 – Policing Law ➢

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Criminal Justice and Public Order Act 1994, s.60

Terrorism Act 2020

STOP AND SEARCH SUMMARY SHEET

Articles with a blade or point in a public place where there is no good reason or lawful authority for the person having it in a public space Reasonable suspicion is required - low standard, just needs honest suspicion and objective basis for suspicion – talking about items that most people carry at any given time – the standard isn’t a check at all – opportunity to see what people are up too May use necessary force where necessary (s.117) If you don’t cooperate – police can restrain and subject you forcefully – traumatic experience Prohibited articles – extensively broad, could dover any item and idv may have, just cos it could potentially be used doesn’t mean to say that’s what it possessed for Articles with a blade or a point – gives police power to stop and search on suspicion that you possess article with blade or a point – massively broad power – can be stop and searched as the police please

s.4 – Reasonable suspicion that criminal suspect is in a locality just after having committed serious offence – police can offer authorisation to set up road checks in that locality o police officer of at least superintendent rank can authorise road checks in a specified locality to apprehend suspect etc – authorisation requires reasonable suspicion o authorisation can last up to 7 days and is renewable o effect is that a constable can stop all or any vehicles in the locality covered without need for suspicion o can use reasonable force S.60 – ➢ police officer of at least rank inspector can authorise random stops in a locality for up to 24 hours (renewable) ➢ requires reasonable belief of serious violence or people carrying dangerous or offensive weapons ➢ when authorisation is in force, any constable in uniform may stop and search any person or vehicle in the locality. No suspicion needed ➢ s.60AA makes similar provisions for requiring a person to remove an item concealing identity. Purpose is to prevent activities likely to involve offences ➢ reasonable force can be used Reasonable belief of violence occurring or people carrying weapons in locality – typically a situation where gangs are congregating o Public protests? Police might have reasonable belief that they might result in violence – that can trigger that power – not confined to ‘violent gangs’ o Police inspector can authorise random stops in locality for up to 24 hours – can be renewed – any police can stop any person without reasonable suspicion – arbitrary power o This can affect right to freedom of protest, expression, political protest etc – can have serious chilling effect on people’s willingness to engage in protests ss.47a – ➢ senior police officer may issue an authorisation in respect of an area on reasonable suspicion of act of terrorism ➢ when authorisation is in force, any constable in uniform may search any person or vehicle in the area to check for evidence of terrorism – no suspicion needed ➢ Earlier broader power held to be in breach of ECHR art.8 by European court of human rights - Not just as broad as used to be in earlier version – senior police officer could authorise simply on suspicion – no requirement to look at evidence – open ended power – they would abuse this immensely particularly in London – check people in public protests or

LW542 – Policing Law

Protections

Trends

STOP AND SEARCH SUMMARY SHEET

going to and coming from them – ethnic minority communities to stop and search people on the street – this was challenged in ECHR Gillian v UK (2010) case– breach of art 8 ➢ PACE, ss.2 and 3 - reasonable suspicion needed for the powers ➢ Reasonable suspicion in some cases ➢ Constable must have identity ➢ Give reasons for and object for the search ➢ Search limited to body frisk and outer clothing ➢ Record of search including reasons and results ➢ Copy of record ➢ PACE Code A and Terrorism Code of Practise Code of practise – can’t pick out on – dress, colour of skin etc ➢ Records not always made – reflected in stats Trends in use of stop and search as a whole – - 2001 rate increased dramatically till 2008/9 when there was 1.5mil stops and searches in 1 year - Since 2009 the numbers declined till 2018 then dropped of rapidly – reasons being growth of public concern about how these powers were used and abused – policy changes introduced to target the use - Increase in 2018 – likely associated with moral panic in respect of knife crime of young people in London Use of powers - S1 is most used – doesn’t normally produce criminality - Decline in s.1 stops a result of growing public concern about their abuse - Most s.1 stops are targeting low level street possession of drugs – s.1 doesn’t mention drugs at all, but saying primarily for drug offences, easy to extend and manipulate s1 power framed so broadly - Recent rise in s.1 stops attributed to moral panic over knife crime

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Ss.44/47a Terror stops rose steadily until 2007/08 when they tripled to 130,000 and jumped again to 210,00 in 2008/09 - Collapsed in 2010/11, zeros from 2011/12 until 149 in 2017/18 and zero since Cause being: Gillian case – suggests it wasn’t being used properly

S.60 stops tripled from 2007/08 to 2008/2009, plateaued and then started to fall rapidly in 2010/11 - Dropped from 47,000 in 2011/12 to 5,300 in 2012/13 - Dropped to 630 in 2016/17 before quadrupling to 2,500 in 2017/18, multiplied fivefold again in 2018/19 and still rising sharply Stop and search by Ethnicity - Stop and search graph shows that it is targeted against white people? Contrary to what we believe in the media – clearly vastly more white people are subject to more than BAME groups - Misleading picture – just because greater number of white people stopped and searched – does not mean disproportionally used against white people – population is overwhelmingly white so they will make up most of those Graph which highlights disproportionalities – - Every other EM stopped more than white people – all above white line - Black people line is extremely disproportionate – always been stopped more frequently – 2009/10 black people 4 times more than white that rose further – then dropped due to -

LW542 – Policing Law

Reforms August 2013

LSE Report 2018

Issues

STOP AND SEARCH SUMMARY SHEET

more concern expressed about disproportionality so efforts were made – the ‘low’ point is 4 times to many - The gap has risen dramatically 2017/18 10 times more likely than white person – dropped a bit to 9 now but not much – disturbing in a democracy in respect of rule of law – no justification for that disparity – we’ve exposed them to incredible discrimination – consequences for the confidence of black people in the police and young black people and their relationship with police and society – results in riots etc - Riots attract more stop and search in community - Most of these are going to occur in concentrated areas – whole communities will feel under sage from police, feeling it’s a regular part of their lives – out of control – struggle to address it BUSS – aimed at contributing to: - A significant reduction in stop and search - More intelligence led stop and search - Improved ratio of stop and search - Greater transparency and community involvement Key elements: - Extends information recorded and published on stops - Opportunities for public to observe police use the of the powers - Large volume of complaints triggers police obligation to explain - Restraints on the use of powers not requiring reasonable suspicion ➢ Reforms resulted in drop in use of stops – but not reflected in rate of disparity – after reforms the disparities actually increased – white people benefited from reforms but black people didn’t ➢ Closely related to localities – economic deprivation, high levels of street crimes, come communities attract more street policing than others – these communities tend to be BAME communities Findings: ➢ Emphasis still on low level street drugs ➢ Reduction in use of powers has favoured white people ➢ Black people 8 times more likely to be stopped than white ➢ In LMP, there is a heavy concentration of stops in deprived areas – rates of stops for black people do not vary with levels of deprivation ➢ Despite reform – still heavy use on low level street drugs – police associate this with BAME run down poor communities • A valuable alternative to arrest? • Powers afford too much discretion to the police – they are effectively mastering • of the street and everyone on it? • Reasonable suspicion standard is too low? Powers used subjectively on the basis on appearance/dress/race – difficult to challenge? • Do the procedural protections work? Do they impede the policing in combating drugs, violent street crime etc? • Powers used disproportionality against poor, youths, ethnic minorities? Fuel’s resentment and riots? • Is there scope for further restrictions/protections? Do they need to be relaxed further to help police combat knife crime etc...