Guide to the use of stop and search (draft)

Report: 9
Date: 24 October 2000
By: Commissioner

Summary

This draft document outlines practical operating guidelines for stop and search. It sets minimum standards for Senior Management Teams, first line supervisors and officers conducting stop and search. This draft document has been widely circulated for consultation both internally and externally. An action plan to support this program of change is currently being developed.

A. Supporting information

Principles governing the use of stop and search

1. Since 1995 the MPS has conducted research into various issues surrounding stop and search. During this time no clear corporate directives have been issued to operational staff. The aim of this document (see Appendix 1) is to adopt a human rights based approach in guiding officers actions. Stop and search is an intrusive power, so officers’ judgement in both stopping and searching must be led by what is proportionate.

2. Research has shown that the person stopped is more likely to be satisfied if they are:

• treated with respect
• dealt with politely
• given a credible explanation for the search.

3. This document highlights the impact that poorly conducted stop and/or search can have on the individual, their families and the local community.

4. The importance of recording all searches is documented. Not only to meet the legal and statutory requirements, but also to capture intelligence and provide an accurate profile of search patterns both locally and within the MPS.

Minimum standards for stop and search

5. Senior managers, line supervisors and officers conducting stop and search all have essential roles to play if stop and search is to be used fairly and effectively. Borough Commanders must be able to demonstrate that officers have exercised the power effectively and in a non-discriminatory way.

6. Effective supervision by first line managers has been identified as a fundamental necessity. It is important that sergeants and inspectors monitor the delivery of the tactic by officers under their command and challenge inappropriate practices where necessary.

7. The most important decisions that directly impact on the community are made by operational street police officers. It is not enough for stop and search to be legally justified, the action taken must also be proportionate.

8. As part of the consultation process this document has been circulated both internally and externally. An action plan incorporating publicity (both internal and external), training and information technology is currently being developed in order to implement the guidance document. It is envisaged that the consultation process will finish by Friday 3rd November 2000, necessary amendments be made and the final document be formally launched by the end of November 2000.

B. Recommendation

That the Committee be are asked to discuss the draft guidance document and to provide written comments.

C. Financial implications

Publicity, training and IT requirements have not been costed at time of this report.

D. Review arrangements

None

E. Background papers

The following is a statutory list of background papers (under the Local Government Act 1972 S.100 D) which disclose facts or matters on which the report is based and which have been relied on to a material extent in preparing this report. They are available on request to either the contact officer listed below or to the Clerk to the Police Authority at the address indicated on the agenda.

F. Contact details

The author of this report is Inspector Cheryl Burden, DCC4(4), Metropolitan Police Service.

For information contact:

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

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