Stop & Search

[redhead]

Police can stop and search anybody they like provided they have reasonable suspicion (they used to be called 'sus’ laws) that they might have been involved in a crime.

This can include a belief that the individual is carrying an offensive weapon.

Police can also stop and search anyone without reasonable suspicion under section 44 of the Terrorism Act.

What are the rules?

Stop and search powers were codified after the Brixton riots in 1981 which were a reponse to heavy-handed policing in the area.

Under the Police and Criminal Evidence Act 1984, powers to stop and search must be used fairly, responsibly, with respect for people being searched and without unlawful discrimination.

The Race Relations (Amendment) Act 2000 makes it unlawful for police officers to discriminate on the grounds of race, colour, ethnic origin, nationality or national origins when using their powers.

The intrusion on the liberty of the person stopped or searched must be brief and detention for the purposes of a search must take place at or near the location of the stop.

How many are involved?

In 2005 there were 839,977 stops and searches and more than four million stops.

So what’s the problem?

Police complain there is too much red tape involved.

When they stop and search someone they have to fill in a form. Since the Macpherson inquiry into the murder of Stephen Lawrence, they have had to fill in a form just for stopping someone.

Each can take upto seven minutes to complete, is considered a chore and adds up to thousands of man hours a year.

Why the forms?

Because the black community claimed it was being disproportionately targeted by the police.

A young black man was seven times more likely to be stopped that a white youth.

The forms were intended to keep an eye on the ethnic balance.

What are the parties proposing?

The Government is considering designating certain hot spot areas for random stops and searches, much as is now allowed under anti-terror laws.

They would also dispense with the forms but police would still record details on hand-held recorders.

The Tories are also promising to get rid of the red tape and free the police to stop more people.

What’s wrong with that?

Nothing except Labour has promised in the past to reduce police paperwork and there will be anger among minority groups if they feel they are being discriminated against - which is how the controversy started nearly 30 years ago.


http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2008/01/30/nsearch330.xml


And heres a timely reminder of our rights


I know under section 44 (the terrorism act) you can refuse to give any details, as you can say so you think im a terrorist? Which they will reply no, then you say so why are you stopping me under the terrorism act then?

YOUR RIGHTS UNDER SECTION 44:

• The police can only give you a pat down, remove outer clothes (eg jacket, hat), search your bags and have you empty your pockets
• You do not have to give your name and address
• You do not have to explain why you are there
• You are not allowed to flee the search, but you are not required to be actively compliant. You are allowed to 'go limp' as passive resistance during the search if you wish not to comply
• There is no permission to collect DNA data during the search
• You do not have to comply with any attempt to photograph or record you
• Women cannot be touched by male police during these searches
• Make notes about the officers searching you - name, number and police force
• Note the time and the events preceding the search
• Note the specific wording used by the police to explain their authority to search you
• Ask the police for the reason that they are searching you. Specifically, are they searching for terrorists or are they simply trying to deter, delay or inconvenience you?

http://www.liberty-human-rights.org.uk/issues/6-free-speech/s44-terrorism-act/index.shtml


Just found this on the Hampshire Police Authority website

Q.What information do I have to give the officer?

A.The officer will ask for your name, address and date of birth – you do not have to give this unless they say they are reporting you for an offence.
The officer must write down the following:

Your name or if not given a description

Your self defined ethnic background (using national census categories)

Where an when you where stopped/searched

Why you were stopped/searched

If any action is being taken

The names/identity numbers of the officers present

If you were searched what they were looking for and anything found

Q.Why do I have to give details of my ethnic origin?

A.You do not have to give details of your ethnic background if you don’t want to.The information is used to show if there is any discrimination involved in the race or ethnicity of people being stopped.


Intresting eh?

http://www.hampshirepoliceauthority.org/hpa/comm-eng/stopnsearch/stops_faq.htm

[redhead]

Home Secretary Jacqui Smith is to overhaul stop and search powers in a bid to tackle rising gun and knife crime.

A report by former RUC chief Sir Ronnie Flanaghan was delivered to the Home Office and Downing Street yesterday.

It recommends stripping out the bureaucracy that hampers police who want to stop suspects. Senior officers have long complained that form filling and procedures brought in to protect minorities is allowing criminals to escape justice.

The Prime Minister and Ms Smith will accept the findings and order the rules to be slimmed down.

In specific high gun and knife crime areas officers are already allowed to stop and search with fewer contraints. But ministers want this rolled out to other parts of the country.

Sir Ronnie’s review was ordered last year after a spate of violent crime.

It comes as David Cameron claimed a Tory government would look at changes the stop and search rules.

But his intervention is likely to be overshadowed by the findings of Sir Ronnie’s review

Mr Cameron claims in an interview that the changes would stop crimes against black and Asian youngsters.

He said: "This is a moment in our history when we have to wake up, sit up and have massive social, political and cultural change.

"We are never going to deal with it unless we free the police to do far more stopping and far more searching.

"I am quite clear the current rules have to go. In the British police service there were problems with racism, there were problems with attitude.

"That needed to change. I think it has now been changed. That change is a good thing. But it's now time to recognise that it is now possible for the police to carry out more stop and searches without being accused of racism.

"We will carry out a review to see how we would do it and would implement it very rapidly under a Conservative government.

"Stop and search rules were put in place to protect young black and Asian British kids. Now it's the young black and British Asian kids that are being stabbed and shot and are getting in the way of protecting them."

Searches are often not carried out because, under the rules, permission is required from a senior officer. The Conservatives believe that the old system, where an officer uses his initiative, should return.

Keith Jarrett, the former head of the National Black Police Association, has questioned the effectiveness of stop and search because it is so restrictive.

Mr Cameron told The Sun newspaper: "I know this is controversial but Britain has changed. We cannot solve a 2008 problem by looking at it through 1980s eyes.

"It's a critical debate and one we have got to confront. We now plan to fully engage with the local communities to start that debate. We want their views. We have to change the way we police our streets and the way we bring up our children."

[ravenswing]

Thanks for the list of our rights, I have never been sure of them, the problem is I wonder if the police know them?