Morning:
9°c
Stop and search back in London
Joe Murphy, Political Editor30.01.08
Police are to be given wider powers to stop and search suspects in the street in an attempt to tackle gun and knife crime.
Gordon Brown is to allow officers to carry out more random checks purely on the grounds of suspicion rather than a specific reason.
One Muslim group branded the proposals "a return to the bad old days".
The "sus laws" were scrapped in 1984 in the wake of riots such as Brixton amid claims from black and Asian youths that they were being unfairly targeted by racist police.
Details of the new plans will be given to MPs next week by Home Secretary Jacqui Smith amid rising concern about gang-related violence, particularly in London.
Tory leader David Cameron announced his own plans to restore stop and search as a mainstay of inner city policing - and accused the Prime Minister of stealing a Conservative idea mooted last summer.
The Government's plans include:
• Giving borough commanders powers to designate areas as "stop and search zones" where anybody can be frisked.
• Getting rid of a foot-long form which has to be filled in every time people are stopped by officers. Instead officers could use digital tape recorders which would do the job in moments.
Mr Cameron said the 27 deaths of London teenagers in shootings and stabbings last year proved the need for action, even if it was controversial.
"We are never going to deal with it unless we free the police to do far more stopping and far more searching," he said. "I am quite clear the current rules have to go."
Government sources said the Prime Minister was equally clear that stop and search needs to be used more. The cross-party consensus means there is likely to be an easy ride for legislation, despite the reservations of many black and Asian leaders who recall the intense unpopularity of stop and search when the powers were blamed for straining community relations.
Under current laws a police officer must have "reasonable suspicion" that an offence has been committed and tell a suspect what they are looking for. Officers must record the incident in detail, in a form that takes seven minutes to fill in.
In the Commons today Mr Cameron accused Labour of taking too long to act against red tape that amounted to "a colossal waste of police time", adding: "For more than three years the Conservative Party had been arguing that we should scrap the form that police have to fill in." Mr Brown retorted: "We are taking action. He should be supporting us."
An official report recommending the increased use of stop and search was handed to the Home Secretary on Monday by Sir Ronnie Flanagan, the chief inspector of policing.
Sir Ronnie, according to sources, concluded that time-wasting bureaucracy had become a major deterrent for officers who felt they ought to search suspicious looking youths.
Mr Brown confirmed to MPs that he would publish the final Flanagan Report conclusions next week, includinga call to "remove the bureaucracy associated with the filling in of forms".
The Government wants to extend the use of "hot spot" zones where police are empowered to use blanket stop and searches to curb a risk of violence or crime.
Local police commanders will also be given more flexibility to designate a hotspot covering an area for a temporary period, such as a week during which intelligence suggests gang tensions are high.
Sir Ronnie's report says more trust should be given to local police commanders to exercise discretion about how and when to use such powers, without bureaucrats over-ruling them.
Mr Cameron argues that black and Asian young peoplewould benefit most from a tougher regime because they were the most frequent victims of stabbingsand shootings. He told The Sun that racist attitudes in the police had changed, which has reduced the risk of inflaming tensions.
But minority ethnic groups were alarmed. Massoud Shadjareh, chairman of the Islamic Human Rights Commission, said it risked a return to the "bad old days", adding: "When you look at the effectiveness of stop and search as a tool, it has had a very small impact."
Former police commander Brian Paddick, now Liberal Democrat Mayoral candidate, said: "Given that black and Asian people are six times more likely than white people to get stopped and searched, it is going to be difficult to convince ethnic minorities that the police should be given more powers."
Q & A
What are the current rules on stop and search?
They are governed by the Police and Criminal Evidence Act of 1984 and state that police must have "reasonable suspicion" that an offence is being committed before searching a suspect, although this restriction does not apply for terrorism.
What is the aim of the law?
The "reasonable suspicion" rule was introduced because of complaints that the previous "sus" laws - which gave police greater licence to carry out searches without suspicion - were resulting in officers targeting black people unfairly because of prejudice. The change was introduced after the Brixton riots of 1981 when black Londoners reacted against the widespread use of random stop and search by police during a drive to combat street crime.
Does the current law work?
Despite the change in the law, concerns about the way police carry out stop and search have continued and were raised in the Macpherson report into the killing of Stephen Lawrence, which called on the Met to examine the way its officers carry out searches as part of an overhaul of its approach to race. Statistics show that most searches do not result in any arrest.
Does that mean black people are still targeted unfairly?
This is certainly the view of many campaigners and some ethnic groups. They cite Home Office statistics pointing out that black people are several times more likely to be stopped and searched than whites, while Asians are also more likely to be stopped. On the other hand, Met figures for 2006 showed that more than half of all street robberies in London were carried out by black people - much greater than the proportionate black population - and others argue that the alleged "disproportional" use of stop and search is largely explained by the relatively high numbers of young black men on the streets and in boroughs where crime rates are highest.
What would be the impact of changing the law?
If the rules are relaxed, the answer will probably depend on whether the Met and other forces can ensure that searches are carried out in a properly targeted and sensitive manner. Certainly, there is a case - as David Cameron is arguing - that a new approach is needed because of the growing prevalence of knives, and guns, on the streets and because many of the victims are themselves black. Some black campaigners also share this view. Any return to blanket stop and searches could be counterproductive, however, and potentially foster greater alienation which would lead to more crime.
Reader views (13)
a PCSO told me he was giving me a “formal caution” then issued me with a stop & account form, at 4.45pm.
I am a white, English, 50+ years, disabled, born and bred English female.
The PCSO then thrust two pieces of paper in my hand which were from 5090(X). The boxes ticked say I was “stopped as part of a pre-planned police operation” (code H) and the other an information leaflet on crimestoppers/terrorism. I believe this action was undertaken to manipulate the figures presented for “stop and account” in an attempt to artificially balance Minority group ‘stop and account’ episodes.
I was not disorderly, do not swear, did not hit out at anyone etc etc.
I will add that at the time this was happening I believed that the PCSO was a police constable as he was wearing an unmarked fluorescent jacket and it was too dark to see his cap badge. His appearance and manner strongly suggested to me that he was a police constable.
- Vera Honey, London
As a young black male I find this ridiculous, the innocent black males will be targeted not for suspicious behaviour, but for the colour of their skin, people will drive pass and automatically believe that this person is a criminal, it is degrading, and a harsh law that truely does target ethnic minorities.
- John, London
If stop and searches are based on suspicion then we're lost. Thanks to the media the white community are constantly suspicious of Black people and that no doubt will spill into the police force. I can not tell you how many times white women have noticed me walking behind them and clutched their handbag speeding off in fear. Our dress code alone is enough to arouse suspicion when really all the white collared crime that goes unrecorded is committed by the smartly dressed Caucasians.
- Terence, London
To Peter of Enfield, bye bye fella, I'm sure someone will miss you when you go.
Personally, I'd sooner anyone arousing suspicion - including me - be stopped and searched several times a day than see a repeat of the atrocities of the London bombings, or read about another uneccessary waste of life following a stabbing.
Crime is getting way out of control in this country. Police state? Until the legal system stops failing the innocent, I think we need it.
- Darren, Lincoln, Lincolnshire
Stop and search without reasonable suspicion means that a black boy in a designated crime spot could be stopped and searched every day of the week. This will reinstate the alienation that many black youth felt before in the 70's and 80's. Instead of it being an offence to be driving whilst black, black boys will be stopped for walking whilst black.
If we seriously want to tackle gun and knife crime then we need to tackle street robbery and the postcode gang wars. All the changes to the sus law will do is increase the sophistication which young people operate. Instead of carrying guns and knives they will have access to them by other means. They will carry other sharp instruments (a boy in West London was stabbed last year with a pencil) or sprays.
This law is political and will do nothing to tackle the root causes. This is the worst kind of lazy policing that will only serve to disenfranchise another generation of black and inner city youth. Black youth already feel victimised this will only result in further unrest.
The point that 'if your not doing anything wrong, then what do you have to worry about' is naive. If those disaffected youth (not the suburban, well educated, rational ones your comparing them with) are repeatedly stopped they will not see it like that. Hence their disaffection, their use of knifes of guns, their involvement in street robbery or the climate of fear that live within of being the next youth murdered on the streets of London.
- Melvyn, London
The power to stop and search has always existed. It was made more accountable by PACE 1984 ('89 in N.Ireland). This requires that the officer intending to use this power has reasonable suspicion that he is likely to recover items related offences covered by this law (offensive weapon, blade or sharp point, connected to burglary, theft or cheat, TADA and criminal damage to name most of them (drugs have their own legislation)). PACE also requires that any stop and search be recorded and a copy of that record be made available to the subject either at the time or up to 12 months later, as the subject chooses. PACE does not require stop and search to be authorised by anyone, it is down to the officer making the search. If the Met require authorisation, that must be a local force rule.
This is an essential tool in the fight against crime. The bruhaha over its use was the result of racism paranoia stemming from the misconception that a disproportionate number of ethnic minorities were being stopped. In actual fact they were being stopped in numbers proportionate to the number of crimes they were committing.
I've no idea why the Met form is so long or takes so much time to complete, other than the above. Elsewhere the form is A6 size and takes less than 2 mins to complete (these forms do not apply to searches carried out after arrest).
- Keith Lonsdale, Doncaster
How silly. This country has rapidly been heading towards becoming a police state. This just confirms it. Time to emigrate I think to somewhere more sensible
- Peter, Enfield, UK
If you have nothing to hide, then you have nothing to worry about. There is no point in having the Police if they have no power. People are vey quick to come running to the police when they need help, but they are also just as quick to criticise, its a tough job the cops have these days.
- John, London
I personally have no problem with stop and search. I don't carry around things I shouldn't have and if I do have controlled substances I leave them at home.
Something needs to be done about the growing knife crime in the UK. I sympathise with people who are against ID cards, stop and search etc but what are the alternatives?
And stop and search still happens anyway. I was stopped and searched for no reason what so ever (it's called section 44 of the Terrorism Act).
We will always live in a state of crime, terror, and murder. If this sends out a message to those carrying weapons, then I am happy to be stopped.
- Ben T, London
If the Metropolitain police can reassure ethnic minorities that they have rid the force of racist ideology and officers willing to abuse their powers with impunity, then I would be in favour of the law.
Unless you have been stopped, abused and have had racist insults hurled at you while you were going about your daily business, I am afraid that most of the British population will not understand how it really feels.
I am all for the police ridding the streets of criminals as they are a threat to all law abiding citizens however, I do not want to be targeted simply because of the colour of my skin.
- Joanne, London
I think its about time the Police have been given the some of the powers back that they need to do their job. The Police are an incredible bunch of individuals carrying out an extremely difficult role in today’s overly liberal society in which the criminals have more rights than their victims.
- David, London, England
It's about time too. Let's stop this fooling about. If a shooting or knifing takes place I would hope that everyone in the area would be liable to be stopped and searched to send out a strong message to these criminals and the public who support them by doing nothing.
- Patrick Griffin, Dalston
Goodbye civil liberties hello police state, and all because the media managed to convince us that we are under threat, when the reality is that we are living in the safest point of human history. What fools we are.
- Daveb, london
