a written record of the search should also have been made after the search; including the basis for reasonable suspicion and the suspect must be provided with a copy, which was not given to frank. the issue in blackburn was not whether politicians can or should give directions to the police, but whether the court could and should issue mandamus to compel the police commissioner to enforce a particular law. is undertaken with public consent which does not mean acquiescence but a broad tolerance indicating a satisfaction with helping and enforcement roles of policing" (jcc, 1990, operation policing review). a number of search engines are available on the internet; however, each of them has different characteristics that make them more or less desirable for different types of searches. 95 of the criminal justice act 1991 which requires that the home office publish ethnic monitoring data (quinton and bland 1999, p2). as defined by the patten inquiry, and more recently in a home office consultation document, the term "operational responsibility" has the advantage of more clearly differentiating the concepts of control and accountability discussed at the beginning of this paper, ensuring that increased "independence" does not necessarily imply increased immunity from accountability as well as from direction and control. is one of the best examples of intelligence led policing and the easiest way of targeting persistent offenders and infiltrating crime hot spots. order for the public to have faith in the justice system and view it with respect and confidence, then it needs to be functioning properly in an unbiased manner from the start, namely the role of the police. reason for this is that the measures reflect the actual experience of various ethnic groups and the consequences of police conduct and practices upon them. police did not find anything incriminating on the claimants and the claimants challenged the police stop and search conduct and the validity of section 44."dealing with the terrorist threat and the fact that at the moment the threat is most likely to come from those people associated with an extreme form of islam, or falsely hiding behind islam, if you like, in terms of justifying their activities, inevitably means that some of our counter-terrorist powers will be disproportionately experienced by people in the muslim community. chapter examines the politics of policing and the notion of the separation of powers and whether britain is a "police state". these figures are based on the ethnic profile of searches recorded by the police and the residential population. officers cannot be given orders by their superiors on how they should; for example, whether to arrest one person and not another. the public demands all professionals to be held at high standard, but for obvious reasons, policing has an even higher threshold to meet and all police officers must accept this higher standard. in this report, the preponderance of evidence from muslim witnesses showed the counter terrorism legislation and its application, to be detrimental to community relations. area of stop and search has aroused much academic research because it is an area where the officer on the beat has wide and often unsupervised discretion to enforce the law. is not therefore surprising that questions were asked why the police used s44 of the terrorism act for stop and search purposes and easy to conclude that the 2,132 searches of those demonstrating amounts to harassment of those demonstrating and campaigning against the war on iraq. 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, both inside and outside the force; and most, in any case, had other, more pressing demands on them (fitzgerald, 1997 pp viii-ix). main findings about the experience of being stopped and searched during the hackney pilot implementation were:16% of survey respondents had a satisfactory experience of being stopped. criminal justice and public order (cpjo) act 1994 reintroduced the principle of sus by enabling senior police officers to authorise 24-hour periods of stop and search in "anticipation of violence". to the introduction of pace, search powers were very vague, but they still existed. are currently eighteen acts in force in the uk that allow police to stop and search citizens. if these powerful documents were not enough to let people come to the realization of how bad african-americans had it (and still do to a degree) then i do not know what could possibly be more convincing. throughout this journey we will examine the use of stop and search under various statutes, concentrating on the police and criminal evidence act 1984 and culminating in a discussion of the terrorism act 2000. i would be using the scenario to explain the correct procedure which should be carried out by police officers, when dealing with stop and search. the resultant arrests include arrests under the terrorism act, arrests for terrorist related matters and other serious crimes (hansard 2007: column 976w ,140774). noted above, one of the principal roles of a police officer is to maintain peace and order (goldstein, 1997). police are the first step in the justice process, and the first rung on the ladder in the climb to dispensing justice in the hierarchy. consultation will also take place as to whether the power could be exercisable throughout the country and not just in designated areas. the cause of concern has been raised through complaints that police target ethnic minorities through stop and search and public opinion, that stop and search is a form police harassment of black individuals (home office, 19897). chair of the independent police complaints, mr hardwick, said that asians generally had the least confidence in the complaints system and also the least confidence that any complaint they made would be treated seriously (ibid q 358 ). have cast doubt over the accuracy of the police's recording of searches (fitzgerald and sibbitt, 1997; bland et al 2000), including the extent to which the resident population reflects the profile of people who are available on the street in places where searches are conducted (waddington et al (2004) and mva and miller (2000). fair use of police stop and search powers has the potential for raising public confidence in the police. "we believe this is the first ever use of these powers and on sunday 9th march at least 20 people were searched. furthermore, the police and criminal evidence act (1984, c60) states that a police officer can only stop and search a citizen if they have reasonable grounds to suspect they have stolen or prohibited items on their person. became our source of information, whether we are searching news, hot topics, study material, sport results, job or a place of our holiday.% of respondents in the survey described intimidating experiences of being stopped, using language including 'rude', 'abrupt', 'traumatised', 'foul language' and 'forceful'. this is only a breach of the law if the pace powers are actually exercised and if the suspect is searched or arrested (sanders & young, 2000; ch. searches of people from "other" ethnic groups also increased from 1,428 in 2004/05 to 1,937 in 2005/06 (an increase of 36%) and searches of white people increasing from 24782 in 2004/05 to 30837 in 2005/06 (an increase of 24%).
dealing with ethics, religious beliefs and the law, it is one of the most controversial subjects of this time. (1) and (2) of the terrorism act 2000 allows officers when given authorisation to "stop and search vehicles that could be used for terrorism whether or not there are grounds for suspecting that such articles are present". office (2005) statistics on race and the criminal justice system, 2004 home office., which provides a duty to eliminate unlawful racial discrimination and promote equality of opportunity and good relations between persons of various racial groups. that abortion is a good idea to solve problems and that it is. the officer has the right to search and ask for any item in the suspect’s possession and also confiscate any harmful object for example a weapon. however, and more importantly, on further examination, over half (57%) of the respondents thought that the reason given for the stop was false. although it is arguable that the sample of forces is small there is nothing to indicate that the conclusions and recommendations would differ greatly in other forces throughout the country although there may be some differences. to respondents, in nearly a fifth of stops and stops and searches (18%), they had committed a minor offence. a home office research about ethnic monitoring identified a police ambivalence about and, sometimes, hostility towards ethnic monitoring. there is significant debate on the legitimacy and the accountability of police powers when conducting stop and search, which has led to concerns about the effectiveness of policing. 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. there is "evidence that the very existence of stops may prevent crime, whether or not they involve searches". kevin gillan & pennie quinton v met police and home secretary available at : http://press. argument commonly advanced in defence of disproportionality in the use of stop and search powers is that the "street populations" which means literally those people who are stopped and searched because they are available on the street when the police are conducting stop and search activity, contain more people from black and ethnic minority communities than resident populations. historically, the use of stop and search has sparked much debate, as well as causing friction between the police and the public, particularly following publication of statistics showing apparent disproportionate use with regard to minority ethnic groups. various reviews will be looked at which shows the difficulty in achieving a balance between the police and the views of ethnic minorities of the use and impact of those powers on community relations and how the government addresses those issues., d (1983) police and people in london, london: policy studies institute. this has the potential to increase tensions within communities and thus it is essential to have ongoing community consultation to alleviate those tensions and improve police and community relations. none of the respondents believed this to be a genuine reason, and encounters between the police and the respondents were particularly unsatisfactory (stephen lawrence inquiry in hackney : stop and search, 2004):"it's awful, it's horrible. the police have to use their discretion because the objective factors include information received; someone acting covertly or warily " and someone "carrying a certain type of article at an unusual time or place" (sanders and young 2003; p 233). section 1 of the police and criminal evidence act provides a police officer with the power to stop and search persons and vehicles, if he reasonably suspects that he will find stolen or prohibited articles (being weapons or items used to commit offences of dishonesty or criminal damage). however it is still necessary to ensure that the selection and treatment of those searched under these powers are based upon objective factors connecting with an incident; and the police also have to help to minimise the embarrassment that a person being searched may experience. therefore some people may not want to divulge their religion and asking the question might lead to some "perverse reactions" which in turn would cast doubt on the reliability and integrity of the statistics. 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. however the police were seen to have problems with stop and search, specifically with young people; because they are more vulnerable to crime and violence. interestingly, an internal record was kept not only of the searches but also of all stops under these powers. 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. there is significant debate on the legitimacy and the accountability of police powers when conducting stop and search, which has led to concerns about the effectiveness of policing. use of posters and signs explaining that s 44 is in use can be an invaluable addition to the physical police presence. you are the original writer of this essay and no longer wish to have the essay published on the lawteacher website then please click on the link below to request removal:Request the removal of this essay. the introduction of pace was the first time legislation that had been introduced to properly consolidate what had become a disparate range of powers in respect of the use of stop and search by british police officers. is interesting to note what (kundnani 2006) has to say on the stop and searches carried out under the terrorism act. the codes (code a - section 5) introduce a responsibility on supervisors to monitor and detect any "disproportionality" in the searches their officers conduct. much has been said about our culture, the canteen culture, and the occupational culture. in fact, during the 1970's, 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. the impact of dissatisfaction is most keenly seen amongst those ethnic groups who are at the greatest risk of being stopped or stopped-and-searched. in 1997-98, for example, home office figures revealed that one million stops 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. only eighteen arrests in connection with terrorism were made in that year as a result of the 21,577 stops and searches carried out. there are provisions for supervision by superiors and some training is usually provided for officers but there is more to be done in terms of monitoring the use of stop and search.
quite evident was the lack of common understanding at all levels of this term except that it is feared. rates of stops and searches differ between geographical areas and between ethnic minorities, more so if one applies the 16+1 ethnic categories. miller, bland and quinton (2000) when discussing the effectiveness of stop and search concluded that it has a "disruptive impact on crime by intercepting those going out to commit offences" and that "where searches are used intensively in particular locations they may have a localised deterrence or displacement effect". the criminal justice act 2003 increased police powers to stop and search persons for prohibited articles under pace 1984 to include "an article made, adapted or intended for use in causing criminal damage" as defined under sec. frank in the scenario is a 16 year old boy, who was randomly stopped by a police officer and asked to empty his pockets without any explanation or introduction from the police officer. the police officer should have stated his name, the police station where he is from, and the reason for the search, before asking frank to empty his pocket; which is stated in section 2 of the pace. however, in spite of these issues, earlier home office research concluded that measures of disproportionality based on the residential population remain important (mva and millar 2000). for as long as the power of stop and search are in the hands of the police, it can be seen as a long term problem. police forces are under the 'direction and control' of their chief officer - not politicians. searches are of vehicles and occupants and pedestrians under sec. this chapter will trace the history of stop and search powers and in particular their development and utilisation under pace. he cites the early corruption in the 1970s, the militarised police style as witnessed in brixton in 1981 and a public perception that the police were inefficient. in terms of officers ultimately in charge of their police forces, the government is clear that in wanting to clarify and strengthen accountability arrangements, it is not seeking to interfere in operational decisions which are the right and duty of chief officers to take - a position which is enshrined in law. the officer has the right to search and ask for any item in the suspect’s possession and also confiscate any harmful object for example a weapon. according to encarta english dictionary, gossip is a conversation about personal or intimate rumors or facts, especially when malicious; informal and chatty conversation or writing about recent and often personal events. issue of stop and search is considered to be an extremely controversial area. the purpose of my research was to deny the title of the topic. the most important of these for the purposes of the stop and search discussion is the terrorism act 2000.- critical thinking is essential in business and in every aspect of life. moreover, for the purposes of prevention of terrorism, police were authorized to use intuition, although they could not conduct random searches., bland, n and miller, j (2000a) police stops, decision-making and practice. they thought that the use of section 44 stops and searches as a deterrent to stop and thwart terrorists plotting against potential targets was "of critical importance" (ibid ev 2, hc 165-ii). issue of stop and search is considered to be an extremely controversial area. argument has been used in explaining police use of stop and search and arrests, and the disproportionality question. the type of policy pioneered by new labour in the late 1990s saw a combination of internal government inquiries with input from business people and the police rather than lawyers academics and relatively little public consultation. previous convictions are not enough reason to stop and search anyone. they referred to a survey they had conducted which showed that 39% of people felt there was little point in complaining to the police and noted that the rise in stops and searches of asians was not accompanied by a commensurate rise in complaints to the independent complaints commission (ibid ev 67-68, hc 165-ii and qq 139-141). code of practice (code a) defined what 'reasonable suspicion should mean in the practical sense of the use of stop and search. this provision generated great opposition, with claims that it was an attack on police independence, as the result the provision was changed by the government (jones, 2002 and amendments to police reform bill 2002).- eighty-seven percent of stops in 2012, were black and hispanic people. following this, there is substantial evidence suggesting that thirty police forces have no understanding of how to use their powers to complete a stop and search (hmic, 2013). exclusionary rule protects you from illegal search and seizure essay. home office research has suggested that most constabularies are presently not equipped to undertake the required, detailed analysis of stop and search or any other relevant data (fitzgerald, 1997). muslim council of britain (mcb) expressed concern that stops and searches are not recorded by religion and added that this fuelled the suspicions that muslims were subjected to profiling (ibid ev 67, hc 165-ii). reasonable suspicion lies at the heart of stop and search; without it, a search is illegal. of police of the metropolis and another; r (quinton) v same (2006) ukhl 43, the house of lords determined that section 44 of the terrorism act 2000 was not inconsistent with the provisions of the european convention on human rights. according to mcdonald (1997):"the concept of police culture is comprised of the merging 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". and search is a vital component to the police's armour in its battle to thwart crime. but more than this, chief officers should be accountable, and be seen to be accountable, for reform of the police service, the positive development of policing in general and working with police authorities in terms of the performance of their particular force. office (2004a) statistics on race and the criminal justice system 2003.
this has been embodied in a stream of new police powers (without balancing safeguards) and tougher sentencing laws (tonry, 2003). in his study, holdaway found that the actual number of young blacks and asians stopped and searched were small and the legal power used fairly infrequently. of the ssat team worked directly with four police forces and one metropolitan borough in order to identify good practice. however the increase in tension within some sector of the community probably has a detrimental effect when trying to gain the trust of the community and a resultant flow of information to the police on suspected terrorist activity. it is interesting that after 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 instead of a decrease in police use of stop and search against black people. the police exercise important powers and must be capable of being held to account for the way in which they are used. he stresses that sometimes the police seem to serve the government, not the public, and can transform a demonstration into a riot, seen as a battle between the police and the rioters. pace was introduced in order to consolidate and regulate the law relating to stop and search and the codes introduced have at least formalised the procedure for conducting a stop and search involving reasonable suspicion under pace. in order to find out whether practices are discriminatory, it is vital to establish whether higher rates can be explained by legitimate factors (bowling and phillips 2002). 17% of the reasons given for a stop or search did not appear to be serious to the respondent, and can best be described as vague, trivial or indeterminate. in addition the government has flirted with zero tolerance which has been credited with drastically reducing crime in new york city by its proponents (dennis, 1998), although others have pointed out that the fall in crime rates are more likely to be due to other social factors and more tactical rather than tougher policing, (eck and maguire (2000); karmen, 2001). this formulation of the doctrine of police independence, however, is based on a series of obiter dicta in previous english and other commonwealth cases, as well as the discussion of this topic by the english royal commission on the police in its 1962 report, and is itself obiter dicta. one of the most debated and controversial topics in new york city is the stop and frisk policy, and the impact it has on police, latinos, and african americans. are numerous concerns based on the quantity and content of stop and searches which are often influenced by institutionalised racism (home office, 1997). over half of the searches took place in the metropolitan police area and 15% in the city of london area, compared to 40% and 20% respectively in 2004/05. in these cases, the respondents thought that a stop and search was justified in these circumstances. considerable research informs us about the contours and power of the rank-and-file occupational culture, (holdaway, 1983 and chan, 1997). 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. however the police were seen to have problems with stop and search, specifically with young people; because they are more vulnerable to crime and violence. pluralism and marxism are said to have developed from liberalism and socialism respectively (through criticising or expanding on those ideologies) thereby both appearing on the left of the left-right economic scale, a great part of their theories are indeed notably different, if not completely in contrast with each other. explanation for differential use of stop and search powers is complex. the tripartite partnership of central government, local authority and the police has arguably served british policing and society well over the past thirty years (donnelly & scott, 2002). henry john lea and jock young, in their book "what is to be done about law and order? the report was an honest but blunt appraisal of how many within the force feel about 'stop and search'. term "proportionate" would be more appropriate and implies a considered and necessary uses of stop and search powers. intimate searches can also be carried out at the station, but in rare occasions, where the suspect might be thought to have concealed drugs, or are in possession of a weapon that might cause harm. math in court is something that happens over and over again and because of it, many innocent victims have been jailed and punished unjustly over the years. reports produced by willis (1983) and smith (1983) showed that officers frequently abused the "reasonable suspicion" requirements attached to the powers. police have powers to stop and search members of the public on the suspicion of reasonable grounds, which means reliable evidence. disproportionality is calculated by taking each force's stop and search figures, broken down by ethnicity and then comparing them with the respective resident population against the census figures available. they tended to refer to being stopped for a good reason (for example a minor traffic offence) and remarked on the politeness of the officers., c (1983) the use effectiveness and impact of police stop and search powers. frank in the scenario is a 16 year old boy, who was randomly stopped by a police officer and asked to empty his pockets without any explanation or introduction from the police officer. this act further enhances the authority of the home secretary in exercising control over policing in england and wales. this paper will examine the history behind stop and frisk policies. the royal commission on criminal procedure recognised the need to balance this extension with safeguards to protect the public from random, arbitrary and discriminatory searches" (p 6). the suggestion that a monitoring group should be monitored sounds cumbersome and monotonous. however, there is no available evidence to suggest that black youths use drugs more than any other ethnic group (graham and bowling, 1996). i was given a scenario to help identify issues which could occur relating to stop and search. most recent chapter in the evolution of police governance in england and wales emerged with the passage of the police reform act in 2002 (ch.
the july 2004 single evidence session on anti-terrorism powers, mentioned in paragraph 147, said it was essential that data be collated by race and faith for a range of activities, including stops and searches, arrests, convictions and releases without charge. if people are treated with courtesy and respect they are less likely to be angry that they have been selected. the button above to view the complete essay, speech, term paper, or research paper. 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). consultation document published by the home office in november 2003, entitled policing: building safer communities together, includes a foreword by the then current home secretary, david blunkett, in which he wrote:"we understand that public services, including the police, can no longer be seen as services 'done unto' people; they can only be successful if they are conducted with people. and searches carried out under pace must be carried out in accordance with the codes of practice, code a. other offences included possession of drugs (3%), alcohol, noise or nuisance offences (stephen lawrence inquiry in hackney : stop and search, 2004). since the early nineteenth century, the police have had wide ranging local powers to stop and search individuals whom they suspect of criminal intent. section 24 code c, gives the suspect the right to be interviewed for only two (2) hours without break; and 8 hours worth of sleep at night; which was not recorded by the custody officer in the scenario. powers to carry out stop and search dates back to the vagrancy act of 1824. the main point however, is that constabularies must be able to monitor the use of these powers and to thoroughly and proficiently able to analyse the data.: an evaluation of the stephen lawrence inquiry recommendations on stops and searches. 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. no single entity should control the police authority, and it should only be answerable to the law, acting on behalf of the community rather than the government (donnelly & scott, 2002). the inquiry pointed to discrimination at an operational level as fuelling and leading to the public's loss of trust in the police services. essay aims to investigate the police powers relating to stop and search, and what rights citizens have when they find themselves in such . to section 24 of pace, the police are allowed to arrest individuals, and the reason must be stated, which often times it is connected to a crime, so they are arrested on the suspicion of committing the crime. that is the reality of the situation, we should acknowledge that reality and then try to have as open, as honest, as transparent a debate with the community as we can. the cause of concern has been raised through complaints that police target ethnic minorities through stop and search and public opinion, that stop and search is a form police harassment of black individuals (home office, 19897). same scenario can be seen in the current use of stop and search in the uk (and presumably the usa) post-9:11. 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. he said that a chief constable's independence with respect to "law enforcement" not only renders him immune to political direction on such matters, but also to any requirement for political accountability ("he is answerable to the law and to the law alone") for such matters. the claimants in r (gillan) had been stopped by police and searched on or near the grounds of an arms fair under the authority provided for under section 44 of the terrorism act 2000. these developments, and the questionable correctness and authority of lord denning's statement in the first place, there is good reason, despite the endorsement of it by the house of lords as recently as 1999, to question whether the statement is still (or for that matter ever was) what lawyers refer to as "good law". adverse experiences of being stopped and searched have been directly linked to the public's lower satisfaction level with the police (miller et al, 2000; clancy et al, 2001; fitzgerald et al, 2002). Dissertation - This dissertation charts the history of the stop and search powers of the British police from the old days of the notorious. holdaway maintains that suspicions about the disproportionate use of stop-and-search powers have fuelled a sense of discrimination among ethnic minorities. clearly contradicts documents such as the association of police authorities' know your rights leaflet, which is widely used as a guide for the public on their rights during a stop and search, stating that:"you should not be stopped or searched just because of: your age, race, gender, sexual orientation, disability, religion or faith; the way you look or dress, the language you speak. like the authors of the 1999 report on the future of policing in northern ireland, we believe that the often-used term 'operational independence' is in fact a stumbling block in talking about accountability of the police service. the result of keyword based search is better than google . searches of asian people increased from 3,697 to 6,805 (an increase of 84%). although the membership of this group was not finalised, it was mostly made up of members of the police representative associations and other interested parties. evidence points to allegations that the police are unfairly targeting certain sectors of the community, in particular black and asian people, with regard to their use of stop and search. and miller, j (2000) profiling populations available for stops and searches. stop and frisk policy of the nypd is not justifiable essay. third reason within this category is being "suspected" of committing a crime, and is closely aligned to one of the pre-defined reasons on the record form, viz. 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. conclusion, in relation to frank, he was fairly treated; which could have been down to his personal appearance, because there was no link between frank and the burglary. dissertation charts the history of the stop and search powers of the british police from the old days of the notorious brixham riots, the stephen lawrence inquiry up to the modern day., it is very doubtful if lower ranked supervisory staff, sergeants and inspectors in particular, have the skills to understand the analyses undertaken and to manage their officers appropriately if a biased use of stop and search (or any other powers for that matter) is identified this is, indeed, a serious issue (holdaway s.