Stopping and Searching Infants

I recently scrutinized the statistics provided by the PSNI on their use of stop and search powers. This analysis showed that police use of stop and search was somewhat ineffective as a crime prevention tool and wasted a lot of police time. During the course of my research I came across an article from 2009 which stated that the PSNI stopped and searched a 3-year old child [1]. I thought this must be a mistake, or a case of journalistic over-exaggeration. However, the article seemed credible when reading it so, I decided to try and discover if it was a fact that the PSNI stopped and searched a 3-year old. I also wanted to see if this was an anomaly. Therefore, I submitted a Freedom of Information request to the PSNI to find out the age of the youngest person who was stopped and searched each year. The information I received back was fairly astonishing.

Information on the age of persons stopped and searched has only been recorded since October 2007. Also, the data combines people who were stopped and searched or questioned. I have not come across any evidence that the police merely question someone who they have stopped, if they have the power to search them. I think it is safe to say that in the case of three-year-olds questioning would not have much benefit, so it is safe to assume they were searched. I was provided with information for the last 6 years. The information confirmed that in 2008/09 the PSNI did stop and search a 3-year old child.

Furthermore, the data amazingly revealed that in 3 out of the 6 years the youngest person stopped and searched by the PSNI was only 1 year old! It is astounding that children who maybe cannot walk or talk yet are being searched by the police.

In what sensible, modern policing policy can searching babies, infants or toddlers be justifiable? What crime prevention strategy rationalises that it is acceptable to search children as young as 1-year-old? I do not have details on these particular incidents, but it would be interesting to find out what circumstances, or what level of criminal activity or suspicion of criminal activity, would allow a police officer to believe they are vindicated in searching infants. Worryingly, as 1-year-olds have been stopped and searched in 3 out of the 6 years that data is available for, it suggests that the PSNI do not seem to have any real concern that they can use stop and search powers to search the youngest of children. The PSNI are not unique. There are reports of several UK police forces searching 2 or 3-year-olds [2].

The use (or overuse) of stop and search powers has been controversial and has attracted criticism. Its effectiveness in preventing crime has also been questioned (e.g. [3]). There is currently a public consultation into police use of stop and search [4]. There is focus on the effectiveness of the powers, the fairness of their use and the balance between public protection and protecting individual freedoms. Surely, a policy of searching children as young as one can only be construed as being extremely unfair and wholly disregarding the rights of that individual child. Such practices can can only add weight to the argument that much of the use of stop and search powers is unwarranted.

Sources:

1. Police search three-year-old child http://www.belfasttelegraph.co.uk/news/local-national/police-search-threeyearold-child-28497277.html

2. Police stop and search children as young as two http://www.telegraph.co.uk/news/uknews/law-and-order/6034508/Police-stop-and-search-children-as-young-as-two.html

3. Stop and think. A critical review of the use of stop and search powers in England and Wales http://www.equalityhumanrights.com/uploaded_files/raceinbritain/ehrc_stop_and_search_report.pdf

4. A consultation on police powers of stop and search https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/212014/Stop_and_Search_consultation_Revised_WEB_v2.pdf