History of Police Stop and Search Powers in the UK

History of guard force kick downstairs and Search Powers in the UKThis dissertation charts the history of the impede and chase billets of the British patrol from the over-the-hill age of the nonorious Brixham riots, the Stephen Lawrence question up to the modern day. Through forbidden this journey we volition examine the substance ab en military force of fracture and face under mingled statutes, concentrating on the law of nature and sad Evidence wreak 1984 and culminating in a discourse of the Terrorism Act 2000. The military unit of the enforcement of the check over and inquisition powers on the partnership solelyow be examined.1.0 Chapter I1.1 Police Use of Discretion and geological period and SearchThe ingestion of airiness is at the centre of the debates on constabulary powers that is the ability of guard officers to even come forward what are essenti tout ensembley subjective judgements in legal situations and still be operating indoors th e boundaries of rightfulness. In fact, the enforce of discretion covers al al al n proto(prenominal) every aspect of law of nature work, so the sign decision to wind up and hunt club a suspect to the decision to give and prosecute for an offence in court.Discretion can take the chance vari sufficient of whether or non to pursue an action, for exercise, whether or non to make an arrest, unconstipated where the grounds for arrest are evident. The law onlyows the natural law a tolerant range of lawful possibilities, to make a decision base on their own individual professional judgement around particular situations. In whatever decision a police officer makes, he or she is accountable to the law and not to his or her superiors.Police officers cannot be given over(p) orders by their superiors on how they should for example, whether to arrest one soulfulness and not an separate. Thus, contrary in well-nigh hierarchical organisations, the greatest power in ground of law enforcement lies with the officers on the beat and not their superiors.The sphere of influence of demote and try has aro intentiond much academic re face beca office it is an area where the officer on the beat has wide and often unsupervised discretion to enforce the law. much than keyly, this is an area wherein a police officer can deprive soul of their freedom of movement even though in that respect is whitethorn be no secern that the person is assignting, has committed or is nigh to commit an offence.Re chase evidence points to allegations that the police are unjustly targeting certain sectors of the fraternity, in particular black and Asian people, with impress to their apply of balk and seek. It is highly challenging to monitor an individual officers drug abuse of discretion in this area of police work. There are provisions for supervision by superiors and virtually instruct is usually provided for officers exclusively there is more than to be throu gh in endpoints of observe the use of menses and front.In addition, there are Police and vicious Evidence Act (PACE) regulations on how conceal and search is to be utilize in a non-discriminatory air. However, it is still difficult to control the use of discretion in the use of seal off and search. The discretional and discriminatory use of stop and search powers (then the Stop and Search (genus genus Sus) law) by the Metropolitan Police (MET) was one of the major causes of the Brixton riots in 1981.The METs public dictum that Black people were in the majority amongst the muggers in London and the emerge labelling of Black communities as sorry and drug infested provided the legitimate backing for a militaristic policing of Brixton and the justification of the indiscriminate use of SUS on the residents of the area. This was an example of where public perceptions and politics give support to the use of discretion in policing, in this regard, the use of stop and search.The same scenario can be seen in the current use of stop and search in the UK (and presumably the USA) post-911. The sphere for the use of discretion in stop and search has been significantly expand in recent sad legal expert, public order and anti-terrorism legislation whereby the thinkable distrustfulness element appears to flap been pushed to the limit. The result has been very high figures of stop and search of the Asian Muslim population in the UK under a variety of anti-terror legislation.The use of discretion in police use of stop and search is still seriously beingness debated in academic and semipolitical circles, especially in similitude to the discover of police racism. Minority paganal people are not the only ones idealisedlyly discriminated against because of police use of discretion in stop and search. Young people are alike believed to experience discrimination. In addition, variables of present (i.e. geographical area) and time of day or night come into play in understanding police use of discretion in stop and search (Clancy, Hough, Aust and Kershaw 2001). The use of police powers is important in the academic discourse few how the state rules through the law and its apparatuses. Police-citizenship birth is essentially a power relationship at the micro-level. This relationship is often seen as an expression of how the state treats certain sectors of society at the macro-level. In separate words, police powers are often seen as the prosopopoeia of state power.1.2 MonitoringIt is apparent that until recent years, most police forces did not engage entropy systems in place for monitoring stop and search. point with the requirement to provide selective information on the cultural breakdown of searches, somewhat forces relied on counting stop and search by hand. This laborious newspaper exercise simply allowed forces to provide a breakdown of search by socialal group to perform the requirements of Sec. 95 of the Crimina l Justice Act 1991 which requires that the Home Office publish ethnic monitoring data (Quinton and monotone 1999, p2)When it comes to monitoring the use of the stop and search powers, varied constabularies record different information. This makes comparisons difficult and the question of proportionality more complex. The main point however, is that constabularies moldiness be able to monitor the use of these powers and to thoroughly and proficiently able to canvas the data.In order to achieve this, the police or impertinent staff who are uttering out such analyses must mystify hold monitoring skills. Fair use of police stop and search powers has the latent for raising public confidence in the police. In December 2004 southernmost Yorkshire police verbalise in its debate of Agreed Policy (South Yorkshire Statement 2004) the use of stop and search powers directly impacts upon our relationship with the public. Historically, the use of stop and search has sparked much debate, as well as causing grinding between the police and the public, particularly pursuit publication of statistics showing apparent disproportionate use with regard to minority ethnic groups. Our use of this power must be fair and open to scrutiny, balancing the rights of individuals with the safety of the public, whilst at the same time increasing public confidence. It is an area where we entrust everlastingly come under scrutiny for evidence of unfairness or discrimination. The manner and approach an officer takes should at all times be sensitive, lawful, and in force(p) in order to ensure public confidence and reassurance. (Appendix p2)Current field data on the use of stop and search power (e.g. Sec.95 Criminal Justice Act 1991) demonstrate considerable variation between constabularies which, when aggregated, evince that black people and, increasingly Asians are more likely to be stop and searched than their white counterparts, even in regions where the black and minority eth nic population is extremely depressed. In 1997-98, for example, Home Office figures revealed that one billion moolah and searches were carried out by the police under the Police and Criminal Evidence Act (PACE) of which 11% were of black people, 5% Asian and 1% other non-white origin (Home Office, 1998, p. 5).The explanation for differential use of stop and search powers is complex. Rates of stops and searches differ between geographical areas and between ethnic minorities, more so if one applies the 16+1 ethnic categories. However, most statistics are still save in the 3+1 ethnic classification White, Black Asian and other. This has do it difficult to assess the use of stop and search powers on the smaller minorities such as Chinese people, people of mixed heritage and refugees.In addition, most records of stop and search are likely to be an undercount. Home Office explore has suggested that most constabularies are presently not equipped to undertake the required, detailed abstract of stop and search or both other relevant data (Fitzgerald, 1997). The result of this state of affairs is that senior officers cannot place precisely which of their divisions baffle staff who are using the powers in a biased elbow room and, therefore, the individual officers who should be made accountable for their actions.Also, it is very doubtful if pass up ranked supervisory staff, sergeants and inspectors in particular, have the skills to understand the analyses undertaken and to manage their officers befittingly if a biased use of stop and search (or any other powers for that matter) is identified This is, indeed, a serious issue (Holda guidance S.1999 para.6 (v))As indicated above in relation to the smaller minorities, another(prenominal) important issue, especially in relation to disproportionality, is how ethnic monitoring is done. A Home Office research roughly ethnic monitoring identified a police ambivalence about and, sometimes, hostility towards ethnic monitoring. The researchers summarized their findings in the following wayThe research make up that most police officers appeared to view ethnic monitoring as irrelevant at best at worst, it was resented and/or feared as a stick deliberately designed to beat them with. . . . . . Those in senior management positions who were most actively supportive of monitoring were, nonetheless, wary of some of the possible repercussions of examining the statistics, twain inside and outside the force and most, in any case, had other, more imperativeness demands on them (Fitzgerald, 1997 pp viii-ix).The Home Office researchers also found that many a(prenominal) officers thought process that ethnic monitoring was primarily about documenting the annoyance patterns of ethnic minorities. If they had another view it was that monitoring was imposed to accuse them of bias. The attitudinal context within which ethnic monitoring undertaken is very unsatisfactory. The reasons why ethnic monitoring was introduced are controversial. whatsoever the reasons, it has highlighted rather than explained Black criminality.Police use of stop and search is currently under much more scrutiny than ever before. A elemental explanation is that the police have abused their stop and search powers in the past and so they have invited this close scrutiny and bridges of dedicate and respect have to be built with the local community. It is interesting that later Macpherson, when new guidelines were introduced on police use of stop and search in order to dispel allegations of discriminatory use of the law, the statistics show an increase kinda of a decrease in police use of stop and search against Black people.However, it is apt to assume that ethnic monitoring has had some effect on police use of discretion in stop and search, no matter how small. The police are aware of possible accusations of racism when they use their powers of stop and search. Thus, the use of discretion by the police in t his regard is constrained by the political climate within which policing takes place.Finally, it should be note that the collection of ethnic monitoring data is designed mainly to analyse differential burdens of the use of stop and search and arrest powers. However, these standard data have a very limited use. They are the record of the outcome of an action not of the actions that led to the outcome. Local police managers therefore gather up to be able to analyse ethnic monitoring data to identify the processes that led to differential outcomes. Unless these data are used to identify the processes that have led to racial discrimination for example, effective change cannot be accomplished and achieved.A great deal of work has to be done by the police if the differential use of stop and search, or any other powers, is to be identified and appropriate action taken. The Home Office should contrive a standard monitoring system, used by officers with demonstrable skills in the analys is of data, and its use within all constabularies should be required and assessed by HMIC (Her Majestys Inspectorate of Constabulary).Thought needinesss to be given to placing the ability to analyse data as a core skill for promotion to supervisory rank. The study of analytical skills should be assessed routinely in staff appraisals. Officers need training in data analysis in moving from a trustfulness on outcome data, to identifying the processes that have resulted in particular outcomes.On the issue of monitoring, the Home Secretary did appoint an implementation group to ensure that the Lawrence enquiry action plan was realized within the police. Although the membership of this group was not finalised, it was mostly made up of members of the police representative associations and other elicit parties. The implementation group did not have members who were experts in the monitoring of insurance implementation.Indeed, it was dominated by the representatives of various police sta ff and other associations, who have proved themselves to be less competent than in the very confinement they are supposed to be monitoring police policy implementation. The reason for this membership is probably that the Home Secretary felt that he would have to retain the confidence and support of the police as policies developed. This is understandable, but not sufficient for the stated purpose of the implementation group.It is now critical for organisations like the Runnymede Trust to ensure that the implementation group considers adequate monitoring information and that their work is effective. The suggestion that a monitoring group should be monitored sounds tactless and monotonous. However it would appear to be necessary if progress is to be made ( Holdaway, 1999 para 6 ( xi to xii) ).Discussion of police use of discretion is often cogitate with the academic discussion of police occupational sub civilizations. Although most elements of police nuance are universal, each ag ency possesses its own ain and distinctive organisational burnish. Therefore it is quite difficult to find an uncomplicated stimulusary of police culture. There are several varied definitions, some being more complex than others. According to McDonald (1997)The concept of police culture is comprised of the coming together of two major components, (a) the image of impartial and professional crime fighters that the police have of themselves, and (b) a system of beliefs and behaviour not described in published manuals or agency value statements. (McDonald et al, 1997).This definition, whilst not obviously identifying a compelling positive element, does recognise more than just the damaging. The public demands all professionals to be held at high standard, but for obvious reasons, policing has an even high threshold to meet and all police officers must accept this high standard. An integral part of the process of police acceptance of this higher standard is to understand the pol ice culture, while retaining the resilience to both resist the negative and champion the positive.The police are the first step in the jurist process, and the first rung on the ladder in the climb to dispensing justice in the hierarchy. If the police do not inspire confidence, then the totally justice system is viewed with disparagement and intuition. If the police who are at the avant-garde of initiating the justice system is viewed with unease, then anything that emanates from their behaviour is similarly seen as tainted.In order for the public to have faith in the justice system and view it with respect and confidence, then it needs to be functioning powerful in an unbiased manner from the start, namely the role of the police. However, the apparent unfair use of the law by the police is often linked to the culture of police officers. Authors have argued that racism, sexism, homophobic and anti-working class feelings exist within the culture of rank and file police officers an d that it affects how they enforce the law or use their discretion in enforcing the law (Holdaway, 1983 and Chan, 1997).This argument has been used in explaining police use of stop and search and arrests, and the disproportionality question. Considerable research informs us about the contours and power of the rank-and-file occupational culture, (Holdaway, 1983 and Chan, 1997). In terms of minority ethnic people, it is argued that this culture mediates wider racial categorisations and stereotypes black youths as criminal. It moulds these categorisations within the context of routine police work and affects police use of discretion.The Macpherson Report (Macpherson 1999) has introduced a new belongings in the debate by asserting that the police forces as a whole are institutionally racist. In the Stephen Lawrence query, the oral evidence of the triple representatives of the MPS Black Police Association was illuminating. As rightly quoted in Inspector Paul Wilsons evidenceThe term i nstitutional racism should be understood to refer to the way the institution or the organisation may systematically or repeatedly treat, or lead to treat, people differentially because of their race. So, in effect, we are not talking about the individuals within the proceeds who may be unconscious as to the nature of what they are doing, but it is the net effect of what they do. (Stephen Lawrence Inquiry Part 2, Day 2, p. 209)A turn source of institutional racism is our culture, our culture within the police service. very much has been said about our culture, the canteen culture, and the occupational culture. How and why does that impact on individuals, black individuals on the street? Well, we would say the occupational culture within the police service, given the fact that the majority of police officers are white, lists to be the white experience, the white beliefs, the white values.Given the fact that these predominantly white officers only meet members of the black commu nity in confrontational situations, they tend to stereotype black people in general. This can lead to all sorts of negative views and assumptions about black people, so we should not underestimate the occupational culture within the police service as being a primary source of institutional racism in the way that we differentially treat black people.Interestingly I say we because there is no marked difference between black and white in the force essentially. We are all consumed by this occupational culture. Some of us may think we rise above it on some occasions, but, generally speaking, we tend to conform to the norms of this occupational culture, which we say is all powerful in organization our views and perceptions of a particular community. (Stephen Lawrence Inquiry Part 2 Day 2, p. 211).Macpherson (1999) pull attention to these and other similar comments notingWe believe that it is essential that the views of these officers should be near heeded and respected (Macpherson 1999, p. 25)The study in one local constabulary (South Yorkshire Police), by analysing 1998 samples, it was found that young black males between ages 15 and 25 had a 1 in 3 chance of being halt per year, Asians a 1 in 6 chance, and whites a 1 in 10 chance. Blacks formed 0.8% of the countrys population and Asians just over 3% (Holdaway, 2003).Ethnic minorities and predominantly black youth are stopped for the suspected possession of drugs, often, small amounts of cannabis that do not lead to a court appearance. In this study it was found that black youths were more likely to be stopped for the possession of drugs, while white youths were most likely to be stopped for suspected possession of stolen goods or being equipped to steal. However, there is no available evidence to suggest that black youths use drugs more than any other ethnic group (Graham and Bowling, 1996).Although in his study, Holdaway found that the actual subject of young blacks and Asians stopped and searched were small and the legal power used clean infrequently. It cannot be assumed that its impact on the views of ethnic minorities has been proportionate. Holdaway maintains that disbeliefs about the disproportionate use of stop-and-search powers have fuelled a gumption of discrimination among ethnic minorities.The Macpherson Inquiry 1999 into the death of Stephen Lawrence re-emphasised the need for the police services to scrutinise stop and search powers in the context of wider community relations. The Inquiry pointed to discrimination at an operational level as fuelling and leading to the publics loss of trust in the police services. The recording of self-defined ethnicity forms part of Macpherson Recommendation 61, but until 1999 several forces had to date, based ethnic monitoring on officers visual perception.Concerns have been raised about the use of self defined ethical classification as required by the Macpherson Inquiry. Police forces were themselves apprehensive about the way the publi c might answer and how such responses ought to be used as management information. After all, some ethnic minorities might describe themselves as British, which would make ethnic monitoring more problematic.Also the actual raising of the issue of ethnicity might make stop and search more confrontational and lead to criticisms of differential manipulation which in turn would fuel the allegations of discrimination. If communities in general have no confidence in the police then they will not tending the police by providing worth(predicate) information about possible criminal activity within the communities. It is a basic fact that the police need the public in order to prevent, investigate and control crime.2.0 Chapter IIThis chapter will look at the variation in the manner in which various police forces used stop and search and how the P A C E codes of Practice of stop and search can be interpreted. Since the early nineteenth century, the police have had wide ranging local power s to stop and search individuals whom they suspect of criminal intent. This Chapter will trace the history of stop and search powers and in particular their development and utilisation under PACE.2.1 Police Powers of Stop and Search Under The Police and Criminal Evidence Act 1984 (PACE)Police powers to carry out stop and search dates back to the Vagrancy Act of 1824. This was the old SUS. Under sections 4 and 6 of this law, the police are empowered to stop any person found loitering in a public place on suspicion of intent to commit a cognizable offence. In addition, in London, section 66 of the Metropolitan Police Act (1839) allowed MET police officers to stop and search in London, where there was reasonable suspicion that a person was carrying anything stolen or unlawfully obtained. Interestingly, an internal record was kept not only of the searches but also of all stops under these powers. These were recorded divisionally and the figures collated centrally.Even before the advents of PACE there were fixs regarding police use of the stop and search powers. Reports produced by Willis (1983) and Smith (1983) showed that officers frequently abused the reasonable suspicion requirements attached to the powers. The reports also revealed that these powers were applied disproportionately towards members of the black community. In fact, during the 1970s, there were public concerns about police discrimination in the use of SUS and these anxieties were publicised by various organisations such as the Scrap Sus Campaign (1979) and there were calls for the stop and search powers to be regulated or even scrapped.As mentioned in chapter one, it was the indiscriminate and heavy-handed approach to the use of the SUS law in London that led to the Brixton disturbances in 1981. The climbing complaints led to SUS being a major issue reviewed by Lord Scarman. The subsequent report (The Scarman Report) recommended the replacement of SUS. SUS was repealed and then replaced with a n ew power of stop and search (SAS) in the Police and criminal Evidence Act (PACE) of 1984.Section 1 of PACE allows the police to stop and search any person or vehicle when the officer has reasonable grounds for suspecting that stolen or prohibited articles will be found. The police are permitted to carry out a full search of the person including anything they may be carrying or any vehicle they are in.PACE was utilise in order to clarify the circumstances in which people could be stopped and searched as well as building in safeguards for the individuals concerned. The induction of PACE was the first time legislation that had been introduced to properly consolidate what had cause a disparate range of powers in respect of the use of stop and search by British police officers.In addition the admission of PACE could have been accelerated by the report of the Royal tutelage on Criminal subroutines (1981) which had recommended improved stop and search powers. Also the Scarman Inquiry specifically said that the way in which stop and search had been carried out had contributed towards the level of tension in Brixton. In Lord Scarmans concluding comment he quoted thatThe state of law is, however, a mess, as the Royal guardianship on Criminal Procedure has shownThe PACE powers allow for searches to be carried out on the basis of reasonable suspicion. Additionally, police officers retain the ability to carry out voluntary or non-statutory searches. As Bland, Miller and Quinton (Home Office 2000) remarkedIn work out this (PACE) was an extension of powers. The Royal Commission on Criminal Procedure recognised the need to balance this extension with safeguards to protect the public from random, imperative and discriminatory searches (p 6)Stop and searches carried out under PACE must be carried out in accordance with the Codes of Practice, Code A. From April 2006, following Section 61 of the Macpherson Report, the recording of stops became a requirement for all polic e forces. In a recent report by the National Implementation for the put down of stops, Michael Shiner with the assistance of Nisrine Mansour, Eleanor Stokes and Athina Vlachantoni (Home Office, 2006) suggest that the implementation of compulsory recording of all stops will improve police accountability to the public and will protect the officer from false allegations and misrepresentation from public encounters. It is hoped by the Police coalition that the recording of stops will promote better two-part communications between the police and the public.The National Implementation for the Recording of Stops commissioned by the Stop and Search Action Team undertook valuable research into police attitudes, training, leadership, data capture, community engagement, accountability and engagement (Police Federation 2006, p 3). The report was an honest but blunt appraisal of how many within the force feel about stop and search. One of the bouffant concerns was the slur officers felt on the reputation of the force being linked with institutional racism.A common strand throughout was the issue of disproportionality and officers attitudes towards it. sort of evident was the lack of common understanding at all levels of this term except that it is feared. However, officers are keen to emphasise the value of stop and search as a policing tool needed for communitys safety and protection from crime and anti social behaviour.It is one of the best examples of intelligence led policing and the easiest way of targeting persistent offenders and infiltrating crime hot spots. However studies have shown that many stops are not recorded at all. This is only a rupture of the law if the PACE powers are actually exercised and if the suspect is searched or arrested (Sanders Young, 2000 ch.2)2.2 The Code of Practice (Code A)The most controversial area of stop and search law (or even police law generally) is the definition of reasonable suspicion. Code of practice (Code A) defined what reasonable suspicion should mean in the practical sense of the use of stop and search. In para 2.2, the Code statesReasonable suspicion can never be supported on the basis of ad hominem factors alone without reliable supporting intelligence or information or some specific behaviour by the person concerned. For example, a persons race, age, appearance, or the fact that the person is known to have a previous conviction, cannot be used alone or in combination with each other as the reason for searching that person.Reasonable suspicion cannot be based on generalisations or stereotypical images of certain groups or categories of people as more likely to be involved in criminal activity, (Code A para.2.2). (The latest version of the Codes of Practice came into effect on February 1, 2008, (SI 2008/167) but it does not make major changes to the existing Code A).The term disproportionate is used in the Code (Code A, par. 5.3). This is unfortunate as it has negative connotations and is synonymous with mistrust. The Codes (Code A Section 5) introduce a responsibility on supervisors to monitor and watch any disproportionality in the searches their officers conduct. The Home Office and Chief Officers readily support they do not understand the term and yet are refractory to judge police officers by it.The term proportionate would be more appropriate and implies a considered and necessary uses of stop and search powers. Furthermore, it seems that excess research should be commissioned into the many complex issues surrounding analysis of stop and search, in particular of street populations. In the aftermath of the Macpherson Report and following recent changes to PACE one would expect the service to provide additional and focussed training.It is apparent that the new safeguards introduced by PACE have failed to fulfil their goals of preventing the misuse of the concept of reasonable suspicion and the abuse of the stop and search power (McLaughlin and Muncie, 2001). Bland, Miller and Quinton ( Home Office, 2000 ) noted that Research has pointed to the difficulty, in practice, of make a clear distinction between PACE searches and those involving consent. An early military rank of the impact of PACE in one force highlighted confusion about the distinction at both policy and operational level. There was evidence that some officers used consent to avoid the requirements of PACE for reasonable suspicion and that public consent was often given when ignorant of the right to forswear ( p 7)The Metropolitan Police Authority commissioned a community evaluation of the implementation of Recommendation 61 of the Stephen Lawrence Inquiry in hackney coach (Stop and Search, 2004). The evaluation was carried out by a black-led community organisation, the 1990 Trust. In this study, the police were told to record all stops and searches whether consensual or not, but not include those carried out under the terrorism legislation. A major concern of respondents in the study is that of not being given reasonable reasons for a stop. Existing research has shown that being given a reason for a stop is important to the public.In the Hackney study, over 86% of the respondents said that they had been told or had found out the reasons for the stop or stop and search. However, and more importantly, on further examination, over half (57%) of the respondents thought that the reason given for the stop was false. Being given an unconvincing reason for a stop was potentially as frustrating as being given no reason at all.For some respondents, it was tantamount to an insult to the intelligence of the person being stopped. The re