Stop and Search

People of African/Caribbean decent (black) are often seen in the media and newspapers conflicting with the police force in regards to stop and search methods. Black people were almost seven times more likely than white people to be stopped and searched by police last year, according to official figures. Ministry of Justice data shows the gap was even wider than in 2005, when black people were six times more likely to be stopped than white people. These statistics speak for themselves, they illustrate that black people are targeted more so than other races by the police, whether this means the police form is acting in a racist manner is debatable.

If a large proportion of the stop and searches carried out on black people, these being predominately young males, led to arrests then the policing method would not constitute racism. Of those black men stopped, 13% were subsequently arrested. This compares to 12% of stops leading to arrest across all ethnic groups. For every 1,000 black people in England and Wales, there were an average of 102 stops and searches in 2005/6. This is almost seven times greater than the average of 15 per 1,000 people within the white population.

Whilst the amount of stops leading to arrests of young black men is higher than other races, it is not significantly higher, 13% of all stop and searches of black men led to an arrest which is not high enough to justify the large number of stop and searches carried out on black men. Too many innocent young black men are stopped for no apparent reason. The BBC carried out an interview with brothers Glynn and Spencer Jones, whom are both black. Glynn Jones, 22, from Clapham, south-west London says he has been stopped at least 15 times in the past six months.  He says that neither he, nor his elder brother Spencer, 26, have a criminal record or have been in trouble with the police.

In relation to stop and searches of young black men, the balance between bringing offenders to justice whilst preserving the rights of suspects has not been met. This is because, as I have shown, there are a large number of innocent black men troubled by the police via stop and search.

Despite the negativity surrounding stop and search, the fact that a large number of people are stopped and searched should be encouraging to the general public. This is because there is constant criticism aimed at the police for not being out on the streets enough, trying to prevent crime before it occurs. Stop and search is one of the few policing methods used to prevent possible future crimes from happening. For example a suspicious character could be stopped and found with a weapon which could have later been used in a violent crime. In a BBC report with Mike Best, editor of ‘The Voice’ (leading black newspaper), it was stated that Mr. Best said the parents of many of those killed held the view that if their sons had been stopped and searched they would still be alive, even if they were in prison.

Section (b)

This section of the essay shall consider the various steps taken by the government since 1999 to increase public confidence in stop and search procedures and how, if at all, they remedy any perceived problems in this regard.

One of the main pieces of legislation brought in after 1999 in relation to stop and search is The Police Reform Act 2002. This act introduced Police Community Support Officers. As a Police Community Support Officer (PCSO) you will support the work of your local police force and provide a visible and reassuring presence on the streets. It is a paid role, although you won't have the same powers as a regular officer. Under The Police Reform Act 2002, PCSO’s have the power to stop and search pedestrians and vehicles as well as various other powers. It is fairly simple to become a PCSO and the requirements are basic. The only qualifications required for the post are that the chief officer is satisfied the person is suitable, capable and has been adequately trained. This means that near enough anyone can become a PCSO and have the power to stop and search.

By empowering the people with this, public confidence is likely to rise. This is because it is no longer just police officers who have the power to do so, but any civilian can also be trained and given the power to stop and search, including those stopped and searched by the police. The loosing of this power is likely to bring the seriousness of it down, hence increase public confidence in it as more members of the public will be granted the same power and the ability to practice it.

However some aspects of The Police Reform Act 2002 would not help increase public confidence in stop and search procedures. This is because the involvement of PCSO could cause over policing of already safe areas which could result in a constant spell of stop and searches. This would not help increase public confidence as the public would feel as though they are being treated as criminals with a constant police force and army of PCSO patrolling the streets and stopping and searching them.

In 1999 a key report was issued which landmarks a pinnacle moment in time in regards to relationships between ethnic minorities and the police force, this being the Macpherson report. This report was carried out in relation to the murder of 18 year old black teenager and A-level student, Steven Lawrence. He was stabbed to death in a racial attack whilst he waited for a bus in South-East London, where he was from. Two of the suspects where initially charged with murder however this was later dropped due to insufficient evidence. The Macpherson report dug deep into the case and made 70 recommendations aimed specially at improving police attitudes and handling with racism. The report famously stated that ‘institutional racism’ exists within the Metropolitan police form.

Whilst the Steven Lawrence inquiry and the Macpherson report have no direct link to public confidence in stop and search procedures, they do have an indirect link. The killing of Steven Lawrence and the way in which the police handled the situation upset and angered the black community and created tension with the Metropolitan police force. The Macpherson report addressed the issues involved and brought the public’s attention to the unfairness that was served. The fact that it was addressed and criticised would of instilled confidence in the black community as well as other ethnic minority groups who may also fear racism from the Metropolitan police force. This could then spill over into stop and search which has a strong connection with the black and ethnic minority community, progression with the Steven Lawrence case in terms of justice being served could increase public confidence in the police force which could then indirectly increase confidence in police stop and search procedures.

Due to past events, such as the Steven Lawrence murder and current events including tension between Islamic extremists/terrorists and the police there will be always be a certain lack of public confidence in police stop and search procedures. Those lacking confidence are most likely to come from one of two groups, these being those from the black community and those from the Muslim community. I have explained in detail the relationship with the black community and the police force, there is a similar relationship between the Muslim community and the police force.

Current events in the world and the UK indicate that terrorism is a constant threat to western nations, particularly the UK. Terrorism from Islamic extremists is high on the agenda for the Metropolitan police force, particularly after the July 7/7 bombings of London. The use of counter-terrorism stop and search powers has increased sevenfold since the July 7 attacks on Britain, with Asian people bearing the brunt of the increase. People of Asian appearance were five times more likely to be stopped and searched than white people, according to the latest figures compiled by British Transport police. None of the stops have resulted in a terrorism charge, the force said. Anti-Terrorism Crime and Security Act 2001 was passed as a result of the 11th September 2001 attacks on the United States. Section 44 of this act empowers police officers to carry out random stop and searches in the fight against terrorism. There is no requirement for the police to have reasonable suspicion before stopping and searching and individual. As there is no need for suspicious in order to stop and search people, the police are highly likely to abuse this power and stop and search more people than necessary. This would reduce confidence in the police stop and search procedures as more people, particularly those of an Asian appearance, would find themselves being stopped and searched randomly.

As I have previously explained, the vast majority of these stop and searches have resulted in no arrests. Section 44 of the Anti-Terrorism Crime and Security Act 2001 was challenged before the House of Lords in R (Gillian) v. Commissioner of Police for the Metropolis [2006]. In this case two students were randomly stopped and searched whilst attending a demonstration against an arms fair. The police officers believed this was perfectly legal under the terrorist act. The students argued that the act which empowers the police officers to randomly stop and search people was being used as ‘an everyday tool of public order’ when in fact it should be used in only exceptional circumstances. Despite this the House of Lords rejected this and concluded that the stop and search was lawful. Lord Calile, the government’s terrorist watchdog stated that s.44 of the act is unnecessary and that there is no evidence that random stop and searches will prevent terrorist activity anymore than the existing powers which require reasonable suspicion. There are clearly potential dangers in granting wide stop and search powers to the police if there is a possibility that the powers will be abused, with harassment of ethnic minority groups being a particular concern.

Public confidence in stop and search procedures vary depending on who you are. As I have explained, black and Asians, men especially, are more likely to have a negative view of stop and search procedures despite the measures brought in to increase overall confidence. Those living in London would especially have a lack of confidence in the police as this area has the highest concentration of stop and searches due to high levels of criminal activity and it being the most likely target in the UK for terrorist attacks. Whereas white people are more likely to have confidence in the police force as there is no obvious discrimination against them whereas we often read in the newspapers of alleged police discrimination against ethnic minorities.

Even the most productive and innovative ideas brought in by the government are unlikely to remedy perceived problems as it is difficult to change peoples opinions and views. The steps taken by the government have had little effect so far; however it takes time for such an effect to occur. The Metropolitan police force is constantly trying to recruit more ethnic minority officers in an attempt to boost relations and to put a stop to the view that the police force is institutionally racist.

Bibliography

Catherine Elliot and Frances Quinn, English Legal System, Eight Edition, Pearson Longman.

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