Policing Board – Stop and Search Review

In previous posts, I have been critical of aspects of the use of stop and search powers by the PSNI [1, 2]. Problems that I pointed out included:

• the very low arrest rate of approximately 5% arising from stop searches
• that at times, in some areas, the arrest rate was below 1%
• that searches under Police and Criminal Evidence legislation is drive by searches for drugs
• the stopping and searching of children as young as 1-year-old

Therefore, the recent release of the Northern Ireland Policing Board’s Thematic Review on stop and search was welcome [3].

The review was published near the end of October 2013. It was limited to the powers available under the Terrorism Act 2000 (TACT) and the Justice and Security (NI) Act 2007 (JSA). JSA is applicable only in Northern Ireland. The report made 11 recommendations and issued guidance to good practice in relation to the use of stop and search. Unfortunately, there seemed to be very little media coverage of the publication.

Stop and search throughout the United Kingdom has suffered from criticisms such as being an intrusion on personal liberties, being used to target particular communities or groups and being wasteful of police resources. The report highlights that the PSNI have argued that stop and search powers are essential in the fight against the severe and substantial terrorist threat in Northern Ireland, but that overuse of the powers undermine confidence in the police and cause resentment, both in individuals, and in wider communities.

There are a number of interesting features contained within the review.

JSA evolved originally from Part VII of TACT, which applied to Northern Ireland only. The Terrorism (Northern Ireland) Act 2006, superseded this and in turn became JSA in 2007. Contained within JSA was provision to stop and search without suspicion, similar to s44 TACT. S44 was suspended after a European Court of Human Rights ruling that stop and search without reasonable suspicion was a breach of the right to privacy. However, the ruling applied to s44 TACT, and although JSA was open to the same challenge the PSNI fell back on this to allow them to continue to stop and search without suspicion. Before s44 TACT was suspended in July 2010, the PSNI rarely used JSA. Once they were unable to use s44, there was a startling increase in the use of powers under JSA. From April-June 2010 s24 JSA was used 175 times. In the next quarter, when the suspension of s44 TACT came in, JSA was used 2925 times. This rose to over 5000 uses in the following quarter of October-December 2010. In essence, s24 JSA was used in place of s44 TACT, although similar powers were restricted in the rest of the United Kingdom. The report does note that even at the height of its use, JSA did not fully displace the use of s44 TACT.

The review also reported that the proportion of people arrested as a result of stop and searches is very low, as I had previously found. Furthermore, the arrest rate was even lower under TACT and JSA when compared to PACE. Under these powers the percentage of people arrested has fluttered just above or below the 1% mark since 2010. Stop searches that do not require reasonable suspicion have a much lower arrest rate than those that do require suspicion. Moreover, the percentage of people charged after being arrested under terror legislation is also small e.g. in 2009 it was less than 5% i.e. 8 people.

Another aspect of the review dealt with the stop searching of young people. Stop searches were predominately carried out on young, white males (the population of Northern Ireland is over 98% white [4]). Over half of those stop searched during 2012/13 were under 26 years old, with 1 in 7 being younger than 18 years old. Fourteen children aged 10 or under were stopped and searched. These figures included stop searches under PACE along with TACT and JSA. The review found that a recurring theme was a belief that stop and search powers were used disproportionately against young people. It was noted that the statistics did not necessarily show that young people were being searched disproportionately, but the PSNI should be aware of this possibility. A step in the right direction has been the production, by the PSNI, of a card which provides information for young people who are stopped and searched. This card was created with input from other interested parties such as the Children’s Law Centre and the Northern Ireland Commissioner for Children and Young People. However, the card has yet to be launched.

The impact of stop and search on community relations was also reviewed. Submissions made by individuals and groups expressed concerns about the effects that stop and search policies have on communities. Some people felt targeted and harassed by stop and search and viewed the use of such powers as politically motivated. There was also particular concern about house raids, which were considered reminiscent of such raids in the 1970s and 1980s. Such worries presented stop and search as a major danger to breaking confidence with communities. Additionally, there was a recurring perception that stop and search powers were used disproportionately more against people from a Catholic/nationalist/republican background. The review recommended that the PSNI should begin recording the community background of individuals who are stopped and searched. This will allow future statistical analysis of this data.

On a positive note, the review stated that the PSNI went further than any other police force in Great Britain or Ireland by producing extensive reports on stop and search and publishing the relevant data on its website.

Additionally, the review reported that the individuals and groups who made submissions to the review team did not object to the use of stop and search as a police tool to tackle terrorism, but they did stress these powers needed to be used appropriately and proportionately.

The review highlighted areas of concern with multiple searches of individuals, alleged disproportionate or inappropriate use of stop searches and alleged improper conduct during searches. They also stated that the PSNI takes its obligations in relation to stop and search seriously and have made great efforts to try and ensure the powers are used appropriately.

The review team made 11 recommendations. Some of these related to record-keeping and general tightening of procedures. It was recommended that as soon as is practical, the PSNI should record the community background of individuals who are stopped and searched. This would allow future analysis of this data to see if the powers are used disproportionately against any particular community. Additionally, the review recommended that the PSNI issue guidance about the stop searching of children. It was also recommended that strategies should be developed for improving community communication and consultation. This would include explanation and engagement with the community about stop and search.

Any scrutiny of the use of stop and search is welcome, as are proposals to help make the police more accountable and try and ensure powers are used appropriately. Unfortunately, in Northern Ireland the wheels of power turn very slowly and change in many areas does not come easily. Recent debates on abortion and adoption rights for same-sex couples have gone round in circles. A number of reports have called for changes in the prison system in Northern Ireland, but have resulted in very little [5]. Hopefully, the PSNI can buck the trend and adopt the recommendations made by the Policing Board as soon as is practicably possible. 

Sources:

1. PSNI – Stop and Search Analysis https://nicrimejustice.wordpress.com/2013/09/05/psni-stop-and-search/
2. Stopping and Searching Infants https://nicrimejustice.wordpress.com/2013/09/23/stopping-and-searching-infants/
3. Northern Ireland Policing Board – Human Rights Thematic Review on the use of police powers to stop and search and stop and question under the Terrorism Act 2000 and the Justice and Security (NI) Act 2007 http://www.nipolicingboard.org.uk/stop_and_search_thematic_review.pdf
4. Demography of Northern Ireland http://en.wikipedia.org/wiki/Demography_of_Northern_Ireland
5. Déjà vu for Northern Irish Prisons https://nicrimejustice.wordpress.com/2013/10/11/deja-vu-for-northern-irish-prisons/