Stop and search essay

A critical review of the use of stop and search powers in England

addition, most records of stop and search are likely to be an undercount. the use of stop and search powers directly impacts upon our relationship with the public. an integral part of the process of police acceptance of this higher standard is to understand the police culture, while retaining the resilience to both resist the negative and champion the positive. although in relation to the scenario, we are not told about any searches been made towards frank. 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). same authors concluded that the "stop and search and arrest decisions are constrained only loosely by law; the powers themselves, based on reasonable suspicion, are ill-defined and subjective; many of the offences for which the powers are defined are ill-defined; and the police largely set their own priorities. improving the profile of the police through well conducted stop and search encounters should help communities to gain trust in the police encouraging the channel for communication. it can be seen why, when looked at objectively, there will be suspicion as to why certain people are stopped and searched if the result is that very few are arrested., under the new proposals a home office source said that it wanted consultations on whether a new specific power should be created or the current act amended, and what level of suspicion would be required to stop someone. 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. she said that the police would not use the stop and search powers disproportionately against members of any particular community. the turn to a more militarised style of policing particularly in many poorer communities, involving widespread use of stop and search led to widespread public disquiet at the police. the order could not last beyond 28 days and the secretary of state had to approve the authorisation within 48 hours. additionally, police officers retain the ability to carry out voluntary or non-statutory searches. essay aims to investigate the police powers relating to stop and search, and what rights citizens have when they find themselves in such situations. stop and search powers can be used by the police in better and worse ways. in short, we must transcend our traditional notions of policing by consent, and establish a new principle of policing through co-operation. this is not an example of the work written by our professional essay writers. in particular they believed that those people who were stopped and searched were not clear as to why they had been stopped and searched and that officers of the metropolitan police service (mps) "are under-trained and not clear as to how, why and when they should be using these powers" (ibid ev 67, hc 165-i). it is said that this is a causal factor of the disproportionate in policing (delsol and shiner, 2006). he was later arrested and taken to the police station and immediately interviewed. thus since 1945 there has been an increase in government oversight of and influence over policing via legislative change and new managerial reforms. the result of this state of affairs is that senior officers cannot identify precisely which of their divisions have staff who are using the powers in a biased way and, therefore, the individual officers who should be made accountable for their actions.” however, it does not explain clearly what an unreasonable search or seizure is and in what cases a police officer should take caution when searching or seizing a suspect. search should also be based on reasonable grounds; which in this case was not. he says (kundnani, 2006):"there is a concern that this clause effectively gives a licence to the police to stop and search people on the basis of an 'ethnic' profile of terrorist suspects, what us civil liberties activists would describe as 'racial profiling'. is one solution to solve these problems is personalized search where user specific information is considered to distinguish between exact intentions of user queries and reranked the images. others, such as "looking suspicious" are more likely to arouse the suspicion of the public that the police are being disingenuous, and are therefore more likely to undermine public confidence (stop and search, 2004 para. findings illustrate that the whole area of stop and search is entwined with mistrust and misgivings on the part of a large sector of the hackney community - a predominantly black community. The issue of stop and search is considered to be an extremely controversial ar. if the underlying reasons are ignored, disproportionality is a critical issue for the police because evidence demonstrates the damage that can be done to public confidence in the police (stone and pettigrew; 2000; macpherson, 1999). there are number of different engines that can be used for different types of searches and can be narrowed for optimal results..1 the new powers under the anti terror laws and racial profiling and community classifications. can be seen from the discussion about the pilot scheme undertaken in hackney that most people are concerned not only about being given spurious reasons for being stopped, but also the manner and conduct of the search itself is extremely important. addition the introduction of pace could have been accelerated by the report of the royal commission on criminal procedures (1981) which had recommended improved stop and search powers..16 but the government is similarly clear that chief officers and their forces are accountable to the communities they serve. if stop and search are carefully targeted, there would be fewer stops. 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., d (2004) new labour and the lost causes of crime in criminal justice matters vol. however there is also greater responsiveness to public opinion, exemplified in the popular media and populist campaigning (ryan, 2003, 2004).

Police Powers Of Stop And Search | Law Teacher

although this accounts for just over 6% of the reasons given for a stop, it provoked one particularly unpleasant encounter between the respondent and the police (stephen lawrence inquiry in hackney : stop and search, 2004):"they grabbed me and told me i should shut up and do what they say, they took the piss. dissertation has proved that the issue of stop and search is a particularly emotive topic amongst all persons affected, including the enforcers and the recipients of the policy. that is to attempt to suppress civil disobedience and direct action against a government and war machine that is out of control". minority ethnic people are not the only ones apparently discriminated against because of police use of discretion in stop and search. 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. some people look less "suspicious" than others, and multitudes of actual or likely offences have to be prioritised" (sanders and young 2003; p233). kundnani is deputy editor of race and class and works at the institute of race relations. the home office and chief officers readily admit they do not understand the term and yet are determined to judge police officers by it."the research found 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. a well targeted stop is also less likely to alienate the person involved; although there is plenty of evidence to show that stop and search is not been used in the right manner. the chief constable matthew baggott, second vice-president of acpo and lead on race and diversity told the committee that the police had made great progress in sending officers to vulnerable communities in an effort to build confidence and relationships." finally, and very pertinently, the act empowers the home secretary to issue "codes of practice relating to the discharge of their functions by the chief officers of police" of police forces in england and wales. bland, miller and quinton ( home office, 2000 ) noted that :"research has pointed to the difficulty, in practice, of making a clear distinction between pace searches and those involving consent. if stop and search are carefully targeted, there would be fewer stops. at this time some maori were losing the knowledge of their culture they "no longer spoke the language and had little knowledge of maori…culture". 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 refuse" ( p 7). the effect of the enforcement of the stop and search powers on the community will be examined. the discretionary and discriminatory use of stop and search powers (then the stop and search (sus) law) by the metropolitan police (met) was one of the major causes of the brixton riots in 1981. however, it is still difficult to control the use of discretion in the use of stop and search. of the sporting events act 1985, prevention of terrorism act (temporary provisions) 1989, criminal justice and public order act 1994 and sec.- introduction: keyword-based search has been the most popular search in today’s searching world. under section 44 of the terrorism act 2000, however, new powers were introduced to allow stops and searches in order to prevent terrorism, in which no such suspicion was required. sus was repealed and then replaced with a new power of stop and search (sas) in the police and criminal evidence act (pace) of 1984. essay aims to investigate the police powers relating to stop and search, and what rights citizens have when they find themselves in such . there has been much discussion on the higher rates of stop and search based primarily on the person's ethnicity. terms of its legal definition, the idea of police independence in england and wales is currently defined by the much contested statement of it by lord denning in the 1968 case of r. the threat we face from terrorism remains real and serious and these powers are an essential tool in the ongoing fight against terrorism. however, most statistics are still recorded in the 3+1 ethnic classification - white, black asian and other. the use of police powers is important in the academic discourse about how the state rules through the law and its apparatuses. the aim of this practice-orientated package was to improve the operational effectiveness of stop and search whilst increasing the community's confidence and allaying fears in the use of the power. 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. was implemented in order to clarify the circumstances in which people could be stopped and searched as well as building in safeguards for the individuals concerned. in the year 2005/06, a total of 44,543 searches were made under s. the additional factors of social exclusion and high unemployment make young black people, for example, more likely to be found in the streets, at night. 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. 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. pace powers allow for searches to be carried out on the basis of "reasonable suspicion"., m and newburn, t (2003) policing and terrorism', in newburn, t (ed) handbook of policing cullompton: willan publishing. samples of blood, urine and swabs can also be taken and recorded which are under s62 pace, but they must be done by a medical staff, not a police officer; and force can be used if the suspect is resisting (s117 pace). "traditional british policing is relatively low on numbers, low on power and high on accountability.

  • Police Powers Search | Politics Dissertations

    home office researchers also found that many officers thought that ethnic monitoring was primarily about documenting the crime patterns of ethnic minorities. google search engine user or searcher did not find relevant image result.. 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). team-a has completed the thinking critically simulation and has reviewed the results as a group determining that in business, thinking critically can make the difference between success and failure. metropolitan police service noted that 90% of the stops and searches in london were confined to four particular areas (ibid q 334)., a and young, r (2000) criminal justice (2nd ed), london: butterworths. finally, how such discretion is applied in relation to police powers of stop and search, and how effective any constraints actually are. this animosity towards police action shows how the notion that the police are abusing their legal powers to impose the will of the government can be easily and legitimately raised. it is true that case law and judicial processes can affect the interpretation of legislation and the executive may publish procedural guidelines, but the police derive their powers from the legislature. freedom has various definitions according to different individuals and times. 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. of these categories, such as minor offence and police operation, dovetail with the existing prescribed set of reasons available to police officers on the beat." (home office 2004c)on march 8th 2003 for 28 days stop and search powers were authorised by david blunkett for the whole of gloucestershire and wiltshire. the powers must not be used to stop and search for reasons unconnected with terrorism. summary findings of disproportionality are as follows:Measuring disproportionality in stop and search relates to the extent to which the police stop and search powers are used against different groups of people in proportion to the demographic make up of the general population within a given area. home office, one of the departments of central government concerned with the criminal justice system is involved in the appointment of chief constables, and monitors the efficiency of police forces throughout the country via her majesty's inspectorate constabulary. team made their findings and recommendations based on their experiences in the five basic command units. and search (stephen lawrence inquiry in hackney): a community evaluation of recommendation 61 in the london borough of hackney : the trust (october 2004) human rights for racial equality available at www. it is hoped by the police federation that the recording of stops will promote better two-way communications between the police and the public. in their article caloric imbalance and public health policy, jeffery koplan and william dietz see the problem as primarily too. within this category, the reasons given by police include "routine" and "random search". reasonable suspicion was expanded in code a; which means there must be an object basis, based on facts or information for the suspicion, which was not present in the case of frank, because the search might be due to his physical appearance or his age. this concluded that stops and searches in london had a disproportionate impact on black and minority ethnic people and made a number of recommendations to the mps and other bodies. search should also be based on reasonable grounds; which in this case was not. police reform act also empowers the home secretary to make regulations "requiring all police forces in england and wales (a) to adopt particular procedures or practices; or (b) to adopt procedures or practices of a particular description. the introduction of the criminal justice act and since 2003, the definition of the "reasonable suspicion" which the police require to initiate a stop remains a contentious issue. the association of chief police officers (acpo) argued that the figures for stops and searches on asians (report of the mpa scrutiny on stop and search practice, may, 2004 cited in paragraphs 49-51) were not unreasonable given that 80% of the stops and searches were in london, where the asian population is 13%, and were mainly carried out in "parts of london surrounded by large asian populations" (ibid ev 2, hc 165-ii). office (2004) statistics on race and the criminal justice system 2003 home office:london. muslim council of britain (mcb) expressed deep concerns over the use of stops and searches. purpose of stop and search, an investigative tool to prevent crime is arguably different to the current practice of this procedure, current research suggests that it is used to gain intelligence and for social control (bowling and phillip, 2007). unless these data are used to identify the processes that have led to racial discrimination for example, effective change cannot be realised and achieved. review concluded that mps officers could be provided with greater clarity in relation to the processes to be applied to selecting people for the purposes of stop and search. in addition the home office stated that no one was subsequently arrested or prosecuted as a result of the 2,132 searches under the terrorism act. this has made 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. i was given a scenario to help identify issues which could occur relating to stop and search. do not yet live in a police state, but we are certainly building a society where free speech, the right to protest and conduct our lives without scrutiny by a central authority could be seriously threatened. the actual raising of the issue of ethnicity might make stop and search more confrontational and lead to criticisms of differential treatment which in turn would fuel the allegations of discrimination. use of discretion in police use of stop and search is still seriously being debated in academic and political circles, especially in relation to the issue of police racism. this makes comparisons difficult and the question of proportionality more complex. the home office now provides about 75% of the funding for the police forces and yet the police must act in an impartial manner upholding law and order and enforcing legislation in a fair and equitable manner.
  • Critically Discussion Of The Issue Of Stop And Search - Essay

    there is no government in the western alliance, not even the united states, which has taken such a bewildering lurch to the authoritarian right since the terrorist attacks on the world trade centre on september 11th 2001, and met with such little opposition, either in the media or in parliament. metropolitan police authority commissioned a community evaluation of the implementation of recommendation 61 of the stephen lawrence inquiry in hackney (stop and search, 2004). it is a basic fact that the police need the public in order to prevent, investigate and control crime. however, statistical evidence reports that 27% of 8, 783 searches failed to provide justifiable grounds to use stop and search (bowling and phillips 2007, hmic 2013)., it should be noted that the collection of ethnic monitoring data is designed mainly to analyse differential outcomes of the use of stop and search and arrest powers. the ssat worked over a short period, focusing on one basic command unit in each selected force, taking a snapshot of activity, systems and processes and assessing how these may have affected police practice. nevertheless, freedom involves the inhibition of war through social order, and individual choice, as well as the liberation of the. the manner and approach an officer takes should at all times be sensitive, lawful, and effective in order to ensure public confidence and reassurance. criminal justice act 1991) demonstrate considerable variation between constabularies which, when aggregated, indicate that black people and, increasingly asians are more likely to be stopped and searched than their white counterparts, even in regions where the black and minority ethnic population is extremely small. the issue lies within the interpretation of what constituents reasonable grounds, as it is a subjective suspicion that can be interpreted differently by individual police officers and forces (bowling and phillips, 2007). there are a number of reasons as to why google is so popular among the searchers on the. by 2004/5 when one hundred people were stopped each day, 455 arrests were made out of 35,776 searches, a rate of 1. searching a suspect, section 54 of pace allows non-intimate searches; the code of practice allows strip searches, which should be done in private but a permission of a superintendant must be given before it takes place. 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. viktor frankl's man's search for meaning 'he who has a why to live for can bear any how. recent comment that "intelligence shows that london is considered by terrorists to be a hostile operating environment" was made in the commencement of this review and in respect of the tactical role of sec. (2010) ‘stop and search in england: a reformed tactic or business as usual? the search under the cjpo act increased almost threefold from 2001/02 to 2002/02 when 50,562 people were stopped under this power amounting to an average of nearly 1000 per week. an experience we gain from the first-hand memoirs of dr. it was held that article 5 of the convention which aligns stopping and searching with the deprivation of liberty did not apply in circumstances where a person was merely kept waiting in special circumstances. issue of freedomfreedom has been a rallying cry for reformers and revolutionaries throughout human history, and it is too important to be ignored. this category accounts for 17% of reasons given for a stop or search, and elicited fewer negative responses, not because these stops were seen as routine, but rather because of an air of resignation on the part of the respondents (stephen lawrence inquiry in hackney : stop and search, 2004). you are the original writer of this dissertation and no longer wish to have the dissertation published on the uk essays website then please click on the link below to request removal:Request the removal of this dissertation.% had unsatisfactory experiences of being stopped, comprising 28% negative and 43% intimidating experiences. since lord denning's statement in the blackburn case, major practical, administrative and legislative developments with respect to police governance have occurred, in which the practical (and likely legal) autonomy of chief constables with respect to matters of policing and law enforcement has undoubtedly been substantially reduced. 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). in a recent report by the national implementation for the recording 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. he was later arrested and taken to the police station and immediately interviewed. mets public pronouncement that black people were in the majority amongst the muggers in london and the emerging labelling of black communities as criminal 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. the historical development of one issue of concern to maori and critically examine the events, attitudes and beliefs that relate to this issue. therefore leading to black individuals routinely falling victim to police stereotypes and overgeneralisations (bowling and phillips, 2007). he concluded that, although tens of thousands of people were stopped and searched under suspicion of terrorism, these searches did not lead to a single conviction. furthermore, it seems that additional research should be commissioned into the many complex issues surrounding analysis of stop and search, in particular of street populations. searching a suspect, section 54 of pace allows non-intimate searches; the code of practice allows strip searches, which should be done in private but a permission of a superintendant must be given before it takes place. the responses given were fall into five main categories of reasons commonly given by police in hackney for a stop or stop and search. scotland yard's plans for handling the protests were seen in a document seen by the guardian newspaper and produced by met commander peter broadhurst during a legal hearing at the high court which imposed restrictions on the a number of identified campaigners. one respondent was told he was stopped "for being in a hurry"; an asian male was asked whether he had identification, and was subsequently arrested, although the details of the reasons for arrest were not elaborated upon; another respondent was told "cars like yours get stolen". the essays, “in defense of prejudice: why incendiary speech must be protected” by jonathan rauch and “the debate over placing limits on racist speech must not ignore the damage it does to its victims” by charles r. however, officers are keen to emphasise the value of stop and search as a policing tool - needed for community's safety and protection from crime and anti social behaviour. the issue of slavery, spearheaded by abraham lincoln, is destroying this country; and frankly, i do not believe that president lincoln has the constitutional power to end slavery.
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  • Critically Discussion of the Issue of Stop and Search Essays -- arrest r

    to gloucestershire police, during the two periods of authorisation covering 6th march to 27th april 2003, stop and search powers under s 44 of the terrorism act 2000 were used on a total of 2,132 occasions in the vicinity of raf fairford, whilst by contrast, during the same period there were only 56 searches under s 60 of the criminal justice and public order act 1994..tistics on race and the criminal justice system 2010 ministry of justice: london. the police federation described the current method of monitoring data on stops and searches as simplistic and said that it obscured issues of sexuality, age, religion or disability. this discovery takes us back to world war ii and the extreme suffering that took place in the nazi concentration camps and outlines a detailed analysis of the prisoners psyche. it maintained that it and the humberside public continued to have confidence in the chief constable. police report made it clear that the government has encouraged police forces to make greater use of terrorism powers "especially the use of stop and search powers under s 44 terrorism act 2000". according to police records in 2004, black african and caribbean people were 13 times more likely to be searched in england and wales under these powers than white people. yet the catholic church would argue this is not the case and. a well targeted stop is also less likely to alienate the person involved; although there is plenty of evidence to show that stop and search is not been used in the right manner. existing research has shown that being given a reason for a stop is important to the public. challenge for police-community relations: rethinking stop and search in england and wales (march 2001) european journal on criminal policy and research pub. this laborious paper exercise simply allowed forces to provide a breakdown of search by ethnic group to fulfil the requirements of sec. reiner (2000: 80) has stated that policing is ‘beyond legitimation’ as a result of consistent complaints concerning the abuse of police powers within stop and search. carolyn and i had celebrated our twenty- fifth anniversary, that's the silver one i think, the previous thursday night. although most elements of police culture are universal, each agency possesses its own personal and distinctive organisational culture. minister of state said that the independent community panel of the home office's stop and search action team would be looking at this issue in the future, but she believed that religion was a very personal matter for some people. an early evaluation of the impact of pace in one force highlighted confusion about the distinction at both policy and operational level. samples of blood, urine and swabs can also be taken and recorded which are under s62 pace, but they must be done by a medical staff, not a police officer; and force can be used if the suspect is resisting (s117 pace). the negative aspects of stop and search result in the community's perception that the police are not policing by consent and this could easily fuel further unease within the community. however its increased use under the counter terrorism legislation is a source of understandable consternation within some elements of the community. is apparent that until recent years, most police forces did not have information systems in place for monitoring stop and search. general powers to search people for drugs and firearms were allowed, but to search for stolen goods were only found in local legislation., j e and maguire, e r (2000) have changes in policing reduced violent crime? the scope for the use of discretion in stop and search has been significantly expanded in recent criminal justice, public order and anti-terrorism legislation whereby the 'reasonable suspicion' element appears to have been pushed to the limit."it is the spirit and not the form of law that keeps justice alive. to the introduction of pace, search powers were very vague, but they still existed. police have powers to stop and search members of the public on the suspicion of reasonable grounds, which means reliable evidence., stenson, k and don, d (2004) in proportion:race and police stop and search. in ruling against the police authority and upholding the home secretary's exercise of the power, burnton, j. this is understandable, but not sufficient for the stated purpose of the implementation group. stop and search powers can be used by the police in better and worse ways. referring to 2003-04 he notes that whereas 13 per cent of stops and searches under normal police powers resulted in an arrest, the arrest rate for stops and searches on suspicion of terrorism was just 1. 6th report of the house of commons terrorism and community relations (house of commons, home affairs 2004-05) highlighted attitudes towards the government's counter terrorism policy, from the muslim point of view. home office's stop & search action team interim guidance, which is a guidance document for police managers published in 2004, states that: 'pace code a gives the following guidance to police officers "2. the police and criminal evidence act 1984 (pace) states that the search must be fairly and reasonably carried out, responsibly with respect for those who are been searched without unlawfully discrimination. at times it is but more frequently it is not" discuss in the context of stop and search. he suggests this may explain why blacks and asians were both four times more likely than whites to be stopped under these powers in 2002/03 (kundnani 2006). 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. the government and police stress that these powers have thwarted terrorist plots and in fact that is their main use. interim practice advice on stop and search (2005) acknowledges the importance of ensuring cohesive community relations when the police are enforcing their powers under s 44 terrorism act.
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Critically Assess the Use of Stop and Search Powers

The Police Powers of Stopping and Searching Essay - 889 Words

we will examine the lack of confidence that some members of the community have in the police and the importance of police accountability. house of lords endorsed the extension of police powers of stop and search under section 44 by adding that some measure of stereotyping would be necessary, although racial profiling alone would not justify stopping and searching under the provisions of the terrorism act 2000 particularly section 44. demographic structure of the black and minority ethnic population in the uk is that of a large proportion in the 16 - 35 age group (young persons) - the age range wherein people are more likely to be outgoing and more likely to experiment with deviant behaviours or even crime. chief officers are in charge of, and have responsibility for, day to day operational decisions. respondents described excessive force ('grabbed', 'rough', 'pushing', 'dragged', 'violent') and some alleged assault by officers during the stop or search., it was dominated by the representatives of various police staff and other associations, who have proved themselves to be less competent than in the very task they are supposed to be monitoring - police policy implementation. the rights guaranteed by the fourth amendment in the bill of rights states that “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated. analysis of the figures shows a high level of regional variance in the use of stop and search, which cannot be explained merely by local demographics. this full essay on Critically Discussion of the Issue of Stop and Search. 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. it comes to monitoring the use of the stop and search powers, different constabularies record different information. in is view what is revealed here is anti-terrorism being used as a justification for racial profiling against asians, blacks and people of middle eastern appearance - the ethnic groups police officers would most likely associate with islam. reasonable suspicion lies at the heart of stop and search; without it, a search is illegal. order to regulate the use of these wide powers a process of special ministerial authorisation was devised to restrict such stops to a limited place and time where they were thought, necessary, relying on specific intelligence, in order to prevent terrorism. even with the requirement to provide data on the ethnic breakdown of searches, some forces relied on counting stop and search by hand. most recently, following recommendations of the patten inquiry in northern ireland, there has been some evidence that, in the english home office at least, there may be a preference for the term "operational responsibility" over the term "operational independence" with respect to the status and political autonomy of chief constables vis-a-vis the local police authorities and the central home secretary. discussing the above quotation i intend to examine what is generally meant by police discretion, what constraints are imposed on that discretion and how effective those constraints actually are upon today's police force. the police are subject to the rule of law and to legislation, which has been introduced by parliament. 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. (2000) paper 129: the views of the public on stops and searches. as we have seen in chapter three, the stop and search powers under the terrorism act 2000 can only be carried out within a specific area designated by a chief constable as facing a terrorist threat..Mpa (31 may 2007) review of police use of counter-terrorism stop and search powers in london, report 7 available at:Http://www. hereby i am going to discuss some notions such as ,,filter bubble”; written by the authors involved in personalization of search engine. frank’s dna and finger prints should also have been taken in order to keep on the record; also the general welfare of the suspect should be recorded. reasonable suspicion was expanded in code a; which means there must be an object basis, based on facts or information for the suspicion, which was not present in the case of frank, because the search might be due to his physical appearance or his age. this is not an example of the work written by our professional essay writers. 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 stopped per year, asians a 1 in 6 chance, and whites a 1 in 10 chance. 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. thus, unlike in most hierarchical organisations, the 'greatest' power in terms of law enforcement lies with the officers on the beat and not their superiors. previous convictions are not enough reason to stop and search anyone. this is unfortunate as it has negative connotations and is synonymous with mistrust. reiner (2000: 80) has stated that policing is ‘beyond legitimation’ as a result of consistent complaints concerning the abuse of police powers within stop and search. powers are invoked to ensure effectiveness and to spot light areas for improvement (mps 2007 par. different users may have different intentions for the same query searching for apple by a farmer has a different meaning from searching by a technical person . addition, there are police and criminal evidence act (pace) regulations on how stop and search is to be used in a non-discriminatory manner. mcb also drew attention to the metropolitan police authority's (mpa) scrutiny of stops and searches carried out by the mps (report of the mpa scrutiny on stop and search practice, may, 2004). study by bland et al (2000) of the same 5 police areas examined by mva and miller et al (2000), found evidence of significant under recording of both stops and searches during the pilot period. widely reported instance of the police being urged to use their stop and search powers under s44 of the terrorism act involved the demonstration against climate change at heathrow airport during august last year. as evidence he cites the statement by home office minister hazel blears in march 2005, that muslims should accept as 'reality' that they would be stopped and searched more often than others - going against the grain of much of the post-macpherson agenda on stop and search. statistics (stop and search: 2005) provide evidence of disproportionality in stop and search by comparing the rate at which people from different ethnic groups are searched against the wider population.

Stop and search still targets black people, police watchdog says

lawrence iii, the writers express their beliefs on the topic of freedom of speech and prejudice speech; particularly racist. most controversial area of stop and search law (or even police law generally) is the definition of 'reasonable suspicion'. sum, the content, scope and practical implications for police governance of the idea of "police independence" in england and wales remains today, as they always have been, unclear, and open to contestation and debate. common strand throughout was the issue of disproportionality and officer's attitudes towards it. frank’s dna and finger prints should also have been taken in order to keep on the record; also the general welfare of the suspect should be recorded., s (2003) police race relations in england and wales: theory, police and practice" university of sheffield. in july 2004, tony blair announced a new home office strategic plan which marks the end of the 1960s liberal, social consensus on law and order. in the aftermath of the macpherson report and following recent changes to pace one would expect the service to provide additional and focussed training. the button above to view the complete essay, speech, term paper, or research paper."we believe that it is essential that the views of these officers should be closely heeded and respected" (macpherson 1999, p. general powers to search people for drugs and firearms were allowed, but to search for stolen goods were only found in local legislation. thus the evidence of disproportionality, which does not automatically follow by the police when conducting stop and search by way of racial profiling, which would be discriminatory. only is it already hard to be a teenager, but having to deal with constant teasing and harassment is just something no one needs. authors have argued that racism, sexism, homophobic and anti-working class feelings exist within the culture of rank and file police officers and that it affects how they enforce the law or use their discretion in enforcing the law (holdaway, 1983 and chan, 1997). are some very strong arguments both for and against abortion. 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. remarks were described as intemperate and inconsiderate" by the national black police association and some people within the muslim community criticised the comments as being unhelpful and "demonising and alienating" the community. 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. 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. the acpo acknowledges that effective community consultation on the use of the power will help maintain police accountability and transparency. i had a wife and three children, still do, and the same job i'd had since my graduation from quantico. final report of the ma scrutiny on mps stop and search practice (2004) available at; www. throughout this essay the effectiveness and legitimacy of stop and search and the negative relationship it has built with the public will be critically discussed. throughout this essay the effectiveness and legitimacy of stop and search and the negative relationship it has built with the public will be critically discussed. home office:london:House of commons home affairs committee–terrorism and community relations 6th report of session 2004-05 (22-03-05) hmso. there were 8,120 stops and searches of pedestrians under s 44 (2) of the terrorism act in 2003-04, 1,097 (13. considering all these one could easily state that there is both a perceived and actual compromising of the independence of the police by central government..Police reform bill 2002 amendments in the house of lords, bill 127 of 2001-2002 (3 may 2002) research paper 02/31. at that time the home office responded by saying that they recognized that the powers entrusted to the police via section 44 of the terrorism act 2000 were very broad, however:"the home secretary takes the use of these powers very seriously and would only confirm an authorisation which he considered was a necessary and proportionate response to the terrorist threat. we all as users are using web search services like google web search every day(world wide web conference, 2013). pace, police officers could only stop and search persons for "offensive weapons or prohibited articles used for the purpose of burglary or related crimes". 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.. (2002) police accountability in scotland; the new tripartite system, cited in, the police journal, vol 75, no 1, published under authority. abortion poses a moral, social and medical dilemma that forces many individuals to react in very strong and unfortunately, opposing ways. purpose of stop and search, an investigative tool to prevent crime is arguably different to the current practice of this procedure, current research suggests that it is used to gain intelligence and for social control (bowling and phillip, 2007). the review acknowledged that the effectiveness of (broad) stop and search powers to prevent, deter and disrupt criminality is much debated. hence the overall effect of the criminal justice act 2003 is to give police officers "the power to stop and search where they have reasonable suspicion" to suspect that a person is carrying an article to be used in the commission of criminal damage (criminal justice act 2003 explanatory notes, para. it is said that this is a causal factor of the disproportionate in policing (delsol and shiner, 2006). office (2004b) stop and search action team interim guidance home office:london. 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.

A critical review of the use of stop and search powers in England

Prs127 The Impact of stops and searches on crime and the community

most recently, the home secretary has exercised this power, in the face of resistance from the local police authority, with respect to the chief constable of the humberside police, in the wake of a highly critical report into the handling of the investigation of the murder of two small children in soham, cambridgeshire (the bichard inquiry report, 2004). having large numbers of officers patrolling the streets engenders closer community relations but such activities can come to be seen as inefficient and cumbersome and an inefficient use of police time when looked at through time and motion studies. use of stop and search is currently under much more scrutiny than ever before. 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. 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. has driven some commentators to decide that "clearly police officers have to exercise discretion in deciding whether to stop and search and arrest, or there is little objectivity in perceiving someone to be acting "warily".- search engines are specialized programs that facilitate the retrieval of data from the internet, on a business related network or on a personal computer system. 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. that would make the world unbalanced and difficult to live in, which is how life is for the minorities impacted by stop and frisk. a simple 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 trust and respect have to be built with the local community..1 police powers of stop and search under the police and criminal evidence act 1984 (pace). stop and search manual published by the home office, 2005 (stop and search 2005) contains incisive observations of work carried out by the stop and search action team (ssat), which was established in july 2004 to look at the problems associated with the use of stop and search powers. police forces were themselves apprehensive about the way the public might respond and how such responses ought to be used as management information.- introduction in this essay i am going to discuss critically the objectivity of search engines. the police and criminal evidence act 1984 (pace) states that the search must be fairly and reasonably carried out, responsibly with respect for those who are been searched without unlawfully discrimination. were two reasons given within this category, which accounted for 13% of reasons given for a stop or search: robberies in the area; and burglaries in the area. in practice, it means that black people have a higher chance of being stopped and searched compared to white people in england and wales, (institute for criminal policy research, 2004). there are two main views on abortion, "pro-life" and "pro-choice". the police are aware of possible accusations of racism when they use their powers of stop and search. engines are a vital research tool for anyone trying to find information on the internet and google is considered to be the most popular at performing this function., it is reasonable to assume that ethnic monitoring has had some effect on police use of discretion in stop and search, no matter how small. of the reasons for this stemmed from the absolute power that the police were seen to have to stop and arrest anyone as (under sec. this will lead people to question why they were stopped and searched in the first place. if the police do not inspire confidence, then the whole justice system is viewed with disparagement and suspicion. before the advents of pace there were concerns regarding police use of the stop and search powers. also cites a recent report, indicating that the number of asian and black people stopped and searched in london streets by police using anti-terrorism powers increased more than twelve-fold after the july 7 bombings. 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. asian people were 5 time more likely and other ethnic groups were 3 times more likely to be searched (statistics on race and criminal justice system 2003; (home office 2004a) publication under section 95 of the criminal justice act . any such posters should not increase public anxiety and should therefore be carefully worded and should be understandable to all elements of the community. specifically, it authorises the home secretary to promulgate a "national policing plan", to order inspections of provincial police services to ensure that their policing complies with the objectives of the national plan and, in the event of a finding of non-compliance, to give directions to local police authorities and require them to prepare "action plans" (which must be approved by the home secretary) to bring their local policing into compliance (section 41a of the 1996 police act, as inserted by section 5 of the 2002 police reform act). suspicion accounted for 35% of reasons given (stephen lawrence inquiry in hackney : stop and search, 2004) within this category, the most common reason given by police for a stop is that the respondent "fitted the description", although respondents did not elaborate on whether a full description of the person whom they fitted was offered to them. he added:"i think that is an incredibly important part of any terrorist strategy because it is about hearts and mind of people; it is about accessibility, it is about a whole range of confidence building issues that simply have to be the bedrock of what is built upon it" (ibid q 405). 1998 legislation and policies have shifted the balance towards the demonstratively tough and away from the pragmatic and evidence led (downes, 2004). how and why does that impact on individuals, black individuals on the street? 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 shaping our views and perceptions of a particular community. although in relation to the scenario, we are not told about any searches been made towards frank. the twins were high school seniors at this time and my pride and joy, daddy's little girls. as bland, miller and quinton (home office: 2000) remarked:"in practice this (pace) was an extension of powers. on 31 may 2007 there was a review of police use of counter terrorism stop and search powers in london (mps 2007)., and kershaw, c (2001) crime, policing and justice: the experience of ethnic minorities-findings from the 2000 british crime survey (bcs), london: home office, 2001.

Police Powers Of Stop And Search | Law Teacher

Stop and Search Powers: Are the police using them effectively and

as part of a structured counter-terrorist strategy, these powers are an invaluable aid to deterring and disrupting terrorist activity by creating a hostile environment in which to operate. the minister responded to the criticism with an assurance that that the government's anti terrorism powers were aimed solely at terrorists irrespective of their background and not at any particular community, religion or ethnic group., m and sibbett, r (1997) "ethnic monitoring in police forces: a beginning. another essay on critically discussion of the issue of stop and search. held in the 1970's determined that the use of maori as a spoken language was in severe decline and only begin sustained by an older generation according to benton & benton (1999, cited in new zealand tertiary college [nztc], 2009). "stop and search powers created to address the threat of terrorism should not be used routinely against peaceful demonstrators", said liberty's legal director james welch. and pettigrew (2000) the views of the public on stops and searches. pp 207-265 in the crime drop in america, edited by alfred blumstein and joel wallman. this incident represents a recent example of the struggle over local versus central control and influence over the police in britain. however the metropolitan police rejected this criticism, pointing out that officers, from the time they are recruited and throughout the course of their careers, were trained in the execution of 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. detective superintendent tucker of the metropolitan police diversity directorate added:"we are now trying to bring in a new type of training that aims to emphasise what a good stop is, which is looking at what the outcomes are and a key point of that is leaving the person who has been stopped, if they are not arrested, with a very good impression of the officer, so that we do not create difficulties for ourselves in the future" (ibid q 334).% of stops and searches of pedestrians under the terrorism act resulted in an arrest (home office statistics, 2004: table 4. in july 2007 the government were considering introducing new anti-terror laws whereby the police would be allowed to stop people and ask them about their movements as a means of identifying potential terrorists. the acpo argued that the stereotyping of muslims as terrorists was "bad policing" and likely to be counter productive and pointed out that they warned against muslim profiling in their guidance to officers and staff. the reasons given for being stopped, general suspicion was the most common, accounting for 35%of reasons and including 'fitted the description', 'looking suspicious' and 'suspected'. the home office should prepare a standard monitoring system, used by officers with demonstrable skills in the analysis of data, and its use within all constabularies should be required and assessed by hmic (her majesty's inspectorate of constabulary). in fact, the use of discretion covers almost every aspect of police work, so the initial decision to stop and search a suspect to the decision to charge and prosecute for an offence in court. in the two essays we read the authors take different approaches to the cause and effect of this epidemic. 44 is proportionate to the risk, particularly in the light of the most recent information and intelligence and current threat level. increasing reliance on technology, cctv, intelligence gathering does not foster closer relations between the police and the community in many urban areas. office press release (2004c) -court of appeal judgement on authorisation and use of section 44 of the terrorism act 2000 . in this regard the review recommended that the mps looks at the standard operating procedure and ensures that staff receive sufficient and adequate briefing to for the legitimate use of sec. for example, a person's 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. 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). this apparent targeting has also contributed to the stigmatisation of muslims ( ibid ev 29-32, 65-67, 73, 87-88, hc 165-ii) and is explored below. in whatever decision a police officer makes, he or she is accountable to the law and not to his or her superiors. however there are other issues to be taken on board such as age and class (waddington et al 2004; and young, 1994). although this work can more easily be classified as observation rather than strictly research, the findings are still important for our understanding of stop and search and its effect on the local communities. responsibility of the police is to ensure that there is no racial discrimination within a community fostering and nurturing good race relations between the communities and the police. in terms of minority ethnic people, it is argued that this culture mediates wider racial categorisations and stereotypes black youths as criminal. essay aims to investigate the police powers relating to stop and search, and what rights citizens have when they find themselves in such situations. national data on the use of stop and search power (e. the stop and frisk policy of the nypd has caused much controversy and publicity since being applied because of the clear racial disparity in stops. i say we because there is no marked difference between black and white in the force essentially. community consultation can alert them to a possible terrorist threat and enable dialogue with various representatives of the whole community. however, there is a need for competent and vigorous external accountability, both to symbolise police subordination to law and democracy, and to ensure that internal disciplinary and management processes operate effectively (reiner, 2000). it moulds these categorisations within the context of routine police work and affects police use of discretion. use of discretion is at the centre of the debates on police powers; that is the ability of police officers to make what are essentially subjective judgements in legal situations and still be operating within the boundaries of law. statement recognises a very wide sphere of political independence (that is, independence from both political direction and political accountability) for chief constables with respect to the more or less undefined area of "law enforcement".

Police Powers Search | Politics Dissertations

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.

Critically Discussion Of The Issue Of Stop And Search - Essay

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.

Critically Discussion of the Issue of Stop and Search Essays -- arrest r

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.

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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.

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