Update on MPS progress in relation to Recommendation 61 of the Stephen Lawrence Inquiry

Report: 10
Date: 26 September 2002
By: C0mmissioner

Summary

This report provides an update on the progress made by the MPS in progressing Recommendation 61 since the consultation exercise undertaken by the MPA.

A. Recommendations

Members are asked note the contents of this report.

B. Supporting information

1. Following the extensive consultation exercise undertaken by the APA and MPA, the MPS alongside other key stakeholders were asked to formally submit comments to the Home Office on the Consultation Draft of the new Code A of the Police and Criminal Evidence Act 1984.

2. The MPS remains fully committed to increasing trust and confidence in policing amongst minority ethnic communities. Equally it is committed to implementing the Recommendations of the Stephen Lawrence Inquiry. However the MPS remains concerned that the implementation of the Recommendation on recording stops and searches should not have an adverse impact on the levels of bureaucracy involved in such a process.

MPS response to Home Office consultation

3. The Deputy Commissioner responded to the Home Office on 8 May 2002 and set out the comments of the MPS.

4. In doing so, the MPS were fully aware of the strong arguments in favour of the implementation of Recommendation 61 and the APA and MPA consultation processes which underlined the importance to communities of all 'stops' being recorded. The MPS remain committed to the principle of Recommendation 61 and to more detailed and consistent ethnic monitoring across the Criminal Justice System.

5. However trials of the process indicated that, under a revised definition of recordable 'encounters', there would be an increase of records of some 400%. At the time the MPS were averaging 22,000 per month and were all encounters to be recorded, it could be anticipated that the MPS may be faced with recording somewhere around 1,000,000 records per annum, and certainly not less than 750,000. Independently, ACPO have estimated that 1,000,000 records would require patrol officers time equivalent to 72.5 officers per year. In addition, the time required for inputting would be equivalent to 27.5 full time staff.

6. The recording of stops may lead to an increase in the length of time for the encounter between the person stopped and the police. This is because the officer will need to ask for the person’s details and then record the details of the Stop. There is the potential for the increased “encounter period” exacerbating the situation in certain instances.

7. Home Office research had found that officers encountered 'problematic reactions' and that this led 'most officers to feel uncomfortable about asking the person stopped to self declare their ethnicity and a small minority had not asked it at all’. Nevertheless, what was clear from the research was that the requirement to complete the form and immediately handing it to the person searched is welcomed by those searched. As such, the MPS supported this change as soon as practicable.

8. Overall, it was considered that the best approach would be to wait until all parties had a better understanding of the implications and the ability to implement it in such a way as to minimise bureaucracy, increase officer compliance and maximise the benefits in improving confidence amongst diverse communities.

Further developments

9. On 17 September 2002 the Home Secretary announced that Recommendation 61 would be taken out of the Draft Code of Practice A. Instead there will be phased implementation to record “stops” as well as searches. Whilst the Home Secretary supports the Recommendation in principle, .he stated that forces would evaluate the implementation at each stage to achieve a means of recording “stops” in a way that was the least inconvenient and time-consuming for both the police and individual concerned as he did not want to increase bureaucracy.

10. The effect of the Home Secretary’s announcement is to leave an agreed definition of a “stop” (or “encounter”) in abeyance. The MPS are committed to complying with any eventually agreed Code of Practice A along with all other police forces across the country. It would therefore be inappropriate to attempt to move forward without a clear direction from the Home Secretary on this point.

11. The Home Office will be contacting relevant parties from the Police Services and discuss time scales and the details regarding how quickly the scheme is to be phased in. The Home Office is unable to provide estimated date for implementation at the present moment. However, the MPS have asked to be a key partner in any Home Office Working Party established.

12. Prior to the Home Secretary’s announcement, there had been regular contact between the MPS and the Home Office officials concerning Recommendation 61 and the impending implementation of the 16+1 self defined ethnic identity coding system.

Internal progress

13. The MPS is anxious to ensure that adequate staff training is provided in advance. It would be impractical to prepare guidance until the term “stop” is defined. However a working party within the MPS has been set up comprising of ACPO rank officers, practitioners of Stop & Search, together with the MPS Departments of Diversity, Information, Public Affairs and Human Resources (covering the training aspects). Regular discussions have taken place on the best way to introduce the policy whilst minimising the inconvenience to the public and the police officers.

14. Recommendation 61 also states that the record should include the self-defined ethnic identity of the person stopped, work is at an advance stage to implement the 16 + 1 self defined ethnic identity coding procedure. The policy will be introduced throughout the MPS by 1 April 2003. 

15. The training of all borough trainers by the Diversity Training Unit staff will be completed by the end of September 2002. These borough trainers in turn will train their staff during the next 6 months. There will be a double page article in The Job explaining the progress made in 16+1 and Recommendation 61. 

16. The MPS will issue a comprehensive Police Notice, which will explain the policy and procedures and posters have been commissioned for all of the MPS buildings advertising the impending arrival of 16+1. To supplement this activity, an internal “intranet” will be regularly updated with the progress of 16+1. There will be a facility for the user to leave comments.

C. Equality and diversity implications

The MPS are anxious to implement Recommendation 61 in such a way as to minimise bureaucracy, increase officer compliance and maximise the benefits in improving confidence amongst diverse communities.

The 16 ethnic groups are based on the classification in Census 2001. This will assist the Police service to monitor the treatment of different ethnic groups in order to improve the service we provide the training of staff, and appropriate amendment to IT. The necessary paperwork is on schedule and the preparation should be complete before 1 April 2003. 

D. Financial implications

Once the MPS is in a position to consider the financial implications of the Home Secretary’s recent comments regarding a phased implementation of Recommendation 61 it will report any potential for pressures on the budget.

E. Background papers

• None

F. Contact details

Report author: Superintendent Carl Bussey, Diversity Directorate.

For more information contact:

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

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