MPS Stop and Search update

Report: 6
Date: 14 February 2011
By: Assistant Commissioner Territorial Policing on behalf of the Commissioner

Summary

This report provides an update of the Metropolitan Police Service use of Stop and Search powers.

A. Recommendation

That the MPA Community Engagement and Citizen Focus Sub Committee note the MPS Stop and Search update in response to the MPA Standing Quarterly Brief.

B. Supporting information

1. The MPS is required to provide a quarterly stop and search return to the Home Office. The most recent return for the 4th financial quarter 2010/11 is attached as Appendix 1.

2. During the 4th quarter, the total number of searches were as follows;

145,413 Section 1 Police and Criminal Evidence Act 1984 (PACE)
12,165 Section 60 Criminal Justice and Public Order Act 1994 (“CJPOA”) (S60)
399 Section 43 Terrorism Act 2000

In addition there were 193,397 Stop and Account recorded during the same time period.

3. Compared to the 3rd quarter, PACE searches increased by 18% (22,324), Section 60 searches increased by 7% (872), Section 43 searches increased by 13% (46). The total number of Stop and Account increased by 2% (4,385).

4. Appendix 2 provides a breakdown of all S60 searches and all searches for pointed/bladed articles (defined under Section 139 Criminal Justice Act 1988) and weapons under Section 1 PACE. The majority of these searches are linked to Operation Blunt 2 activity.

5. A breakdown of community engagement activity by BOCU is attached at Appendix 3. Engagement activities have included:

• Members of Redbridge stop and search monitoring group patrolled with officers
•  Stop and search input at U-Turn 1 project in Bexley
•  An event was held at a large asylum seekers day centre in Southwark to explain the purpose of stop and search operations and reassure attendees.
•  Stop and search was presented/discussed with over 100 children at Phoenix Sports Camp in Hammersmith and Fulham.
•  Members of Wandsworth stop and search monitoring group observed a search arch operation at Earlsfield rail station.
• Woolwich Common Safer Neighbourhood Team gave a stop and search presentation with role plays at a public event at Woolwich Town Hall.
• Ealing BOCU held a stop and account/search youth forum for secondary schools at Ealing Town Hall.
•  Stop and Search presentations were incorporated into the 'Prison Me, No Way' Project hosted by The Priory School, Bromley.

Crime and Security Act 2010

6. In March 2011 the Crime and Security Act 2010 was enacted, one of the changes within the Act allowed police forces nationally to cease recording stop and account, but with an option to continue recording such encounters where the there was a need to address local concerns about disproportionality.

7. Before making a decision, the Commissioner directed that MPS (working jointly with the MPA) carry out an extensive consultation exercise focusing on the 16-24 year age group. A 12-week consultation programme started on 2nd March 2011 with a press release to the general media.

8. The following groups and organisations were consulted by means of presentations and questionnaires:

Within MPS:

• Police personnel;
•  Staff Associations and Unions;
•  Volunteer Cadet Corps;
•  Top 50 police officers and Police Community Support Officers that carry out the most stops and have the most effective results in terms of arrest.

Outside MPS:

• MPS BPA - Voyage groups of young people
•  Ealing Stop and Search Youth Forum
• Merton Youth Conference
•  Barnet Pupils Referral Unit
•  Southwark Stop and Search Youth event;
• Bromley Youth Conference;
•  UK Youth Parliament
•  Southwark Somalian Community
•  Peer Outreach
•  Education establishments

9. The consultation culminated in a conference at City Hall involving a ‘question-time’ style debate with two panels. The older age group panel consisted of:

• Doreen Lawrence (Stephen Lawrence Trust)
• Professor Ben Bowling (Kings College, London)
•  Dr Richard Stone (Stephen Lawrence Enquiry)
•  Reshard Auladin (Metropolitan Police Authority)
•  Mike Ainsworth (National Police Improvement Agency)
•  Commander Tony Eastaugh.

10. The second panel was formed of young people from the Youth Engagement Panel, Brent Stop and Search Community Monitoring Group, NUS Black Students, Catch 21, Independent Film Producer, Independent Academic Research Studies and Reprezent Radio.

11. The consultation process will conclude on 8th June. The completed questionnaires will be analysed by the MPA and the results will be used to inform a report for Management Board for consideration in the summer (2011). A decision will be made that is the best possible to meet the needs of Londoners and the MPS.

Next Steps

12. In London the pilot for ‘Next Steps’ commenced on the 8th November 2010 in Lewisham with a series of workshops involving, Constables, Sergeants, Senior Management Team, intelligence unit and community members. The next stage commenced the end of March 2011 and involves the delivery of intelligence-led stop and search over a 12-week period, which is being measured together with its impact on community confidence. The process involves liaison with internal/external key stakeholders, the deployment of community observers and academic analysis/evaluation in a number of key areas. The results will determine the feasibility of further MPS roll-out.

13. The local Community Monitoring Group and council representatives are positive and fully supportive of ‘Next Steps’.

Section 47A Terrorism Act 2000

14. Section 44 Terrorism Act 2000 has been repealed and a new power under Section 47A Terrorism Act introduced. This is a totally new power and one that operates to a higher legal threshold than Section 44.

15. Authorisations under Section 47A may only be made if the senior police officer (in the MPS this is the Assistant Commissioner Specialist Operations) reasonably suspects that an act of terrorism will take place and that he considers the use of the power necessary to prevent such an act. This is an intentionally high threshold as Home Office legal advice has been absolutely clear that any lower threshold is likely to be non ECHR compliant.

16. The geographic area authorised must be specific and should be no wider than necessary. Authorisations should be for no longer than necessary and the maximum period for any authorisation is 14 days.

17. When authorised, no suspicion is required by officers in order to conduct searches under Section 47A.

18. The Stop and Search Community Monitoring Network were briefed on Section 47A at their meeting on 6th April. No issues or concerns were raised.

19. To date there have been no Section 47A authorisations in the MPS.

Equality and Human Rights Commission (EHRC)

20. The EHRC is aware that the MPS has embarked upon the National Police Improvement Agency’s “Next Steps” programme. The MPS and EHRC are in dialogue and work is ongoing.

Complaints

21. The Directorate of Professional Standards (DPS) compiles data on complaints against MPS personnel relating specifically to stop and search. Complaints arising from stop and search are very low and make up less than 1% of all searches conducted. The number of allegations finalised arising from stop and search for the 12 month period May 2010 to April 2011 (broken down by Borough of incident) is attached at Appendix 4.

22. There were 815 complaints allegations finalised in the MPS during this 12 month period. 463 were Unsubstantiated/Not Upheld, 211 were Locally Resolved and 16 Substantiated/Upheld.

23. The most allegations Finalised (76) over the 12 month period for a single borough were recorded in Westminster, of which 42 were Unsubstantiated/Not Upheld.

24. Lambeth had the highest number (5) of Substantiated/Upheld allegations over the 12 month period out of their borough total of 71 allegations Finalised.

C. Other organisational and community implications

Equality and Diversity Impact

1. The Metropolitan Police Service recognises that its ability to police with the confidence of all communities can be affected by how stop/search powers are used and how they are carried out. An Equality Impact Assessment specifically for the use of stop and search powers has been carried out by the MPS. Each BOCU has also completed their own Equality Impact Assessment on their use of stop and search.

2. The use of stop and search in the MPS is directed by Policy and Standard Operating Procedures (SOPs). The aim of the MPS stop and search policy is to ensure that officers comply with the law, act within their powers and that all stop and search powers are used fairly, responsibly, without unlawful discrimination and with respect for people being searched. This Policy and SOPs are published in the public domain and are subject to regular review by the Stop and Search Team.

3. The MPS publishes the Monitoring Mechanism on a monthly basis on the Internet. This provides each BOCU’s data on stop and search and for the MPS as a whole. This allows Community Monitoring Groups (CMGs) to scrutinise the use of stop and search by their local BOCU and to hold them to account. It also allows for comparisons to be made by BOCUs against the rest of the MPS.

4. Operation Pennant, a performance framework for stop and search, provides London-wide scrutiny of stop and search. Disproportionality and arrest rates are scrutinised down to team and individual officer level.

Consideration of Met Forward

5. MPS stop and search policy and Standard Operating Procedures support the Met Streets and Met Connect strands of Met Forward. Police officers out on patrol on the streets and on public transport, conducting stop and search, supports Met Streets to deal with the menace of gangs, guns and knives. Through the Community Monitoring Network, stop and search website, Operation Pennant and the Stop and Search Strategic Committee, the MPS is supporting Met Connect by ensuring our communities are properly informed and engaged with regard to stop and search matters to deliver increased confidence in policing.

Financial Implications

6. There are no additional financial implications arising from this report.

Legal Implications

7. The legal implications are set out in paragraphs 14 to 20 of the report.

8. Para. 20 of Section B of this report notes that the EHRC is aware that the MPS has embarked upon the National Police Improvement Agency’s “Next Steps” programme.

9. Section C of this report supports the contention that the MPS adopts a fair and proportionate approach to stop and search. EHRC has wide ranging powers under the Equality Act 2006 to take enforcement action in respect of the Race Equality Duty. The usual approach of EHRC is to encourage compliance through liaison and only to resort to formal enforcement as a last resort.

Environmental Implications

10. There are no environmental implications arising directly from this report.

Risk Implications

11. The MPS continues to monitor the introduction of new legislation and changes to the codes of practice to ensure compliance and minimise any reputational risk caused by misuse of the powers.

D. Background papers

None

E. Contact details

Report author: Supt Victor Olisa, MPS Stop and Search Team, MPS

For information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

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