ARTICLE
Stop & Search – will it protect or polarise?
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n this article Jennifer Schmidt-Petersen, Programme & Student Lead for Policing Programmes at the University of Law, discusses whether stop and search will polarise or protect society. Will stop and search protect or polarise out society? I think the answer to that depends entirely on how it is being applied and if we can also repair the relationship between the police and the black community. Stop and search is a tool and tools can be used productively or destructively. Personally, I do believe, that police need a tool to search if they are reasonably suspecting that a crime has been committed but it needs to be used correctly and responsibly. The figures showing that black people are significantly more likely to be stopped and searched are problematic and in my view, they are likely to be the result of a number of factors.
published? In my view we should but this is of course not a question for the police but for legislators and society as a whole. Is stop and search effective? Statistically speaking the number of stop and searches leading to an arrest is low, so I think in order to determine if it is effective, we first need to ask ourselves what its purpose is. According to the College of Policing “The primary purpose of stop and search powers is to enable officers to allay or confirm suspicions about individuals carrying unlawful items, without exercising their power of arrest, where the officer has reasonable grounds for carrying out a search.” However, I think we also need to consider the cost and if the perception is that some groups in our society feel victimised by this practise then I think that we need to take that seriously.
It is important to acknowledge problems where they exist. To my mind that also means acknowledging systemic structural injustices and problems engrained in modern society as a whole because they will naturally be reflected in practise.
My personal view is that the solution is not to remove the power to stop and search but, instead, I think we need to look at the underlying issues, one of which in my view is the fractured relationship between the police and the black community. That also means we need to look at police training with regards to stop and search and we also need to start rebuilding mutual trust and understanding.
There is a need to recognize the anger and hurt in people and communities who feel that they are not treated fairly and who may feel powerless and not represented or listened to.
If a situation is ambiguous, which stop and search is likely to be, it is especially important that officers look objectively at why they are stopping and searching someone.
My view is that this anger is not just the result of an isolated incident but of a long-standing history of injustice and structural inequality.
I also think that it is absolutely crucial that stop and search is carried out professionally and correctly as we know that the quality of the interaction will have a huge influence on how both the stop and the officer are perceived.
We also need to be aware that this anger will influence how an individual incident may be perceived and if we want to move to a culture of mutual respect and understanding then perception is a key factor. Why are people being stopped and searched? According to the Metropolitan Police website drugs accounted for the single largest reason for searches carried out by Met officers (59% in 2018/19) instead of being directed at serious or violent crimes.
What role does procedural justice theory play? Procedural justice theory states that if people feel treated fairly and with respect by the police then they will in turn have more respect for them, see them as legitimate and will comply. So I think that tells us two important things here.
Is there are a racist element with regard to how drug policies were developed? Many criminologists and sociologist, including myself, would argue that there is.
1. It is crucial how a stop is conducted and how an officer explains the situation and what is happening 2. A lot of people, especially in the black community, do not feel they are being treated fairly by police. So again, it is vital that we repair that relationship which will be a process that will not happen overnight and it will not happen if we don’t first accept that there is a problem – the problem in my view being the ruptured relationship between the black community and the police.
Should we therefore revisit and revise in the light of the experience and data we have gained since legislation was first
It will not always be possible to please everyone but officers need to be aware of the impact that their actions and the way
So I think one key question to consider here is if we need to look at drug policy. Is our current legislation criminalising particular groups of society and does it need updating?
22 | CENTRAL LONDON LAWYER
