Stop and search

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Stop and search or Stop and frisk is a term used to describe the powers of the police to search a person, place or object without first making an arrest.

A 2021 survey by the European Union Agency for Fundamental Rights found that minority ethnic groups were disproportionately targeted across Europe, even though it is unlawful for police to stop and search someone solely on grounds of race or ethnicity. Romani and sub-Saharan Africans were particularly affected. [1]

Examples in specific jurisdictions include:

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Racial profiling or ethnic profiling is the act of suspecting, targeting or discriminating against a person on the basis of their ethnicity, religion, or nationality, rather than on individual suspicion or available evidence. Racial profiling involves discrimination against minority populations and often builds on negative stereotypes of the targeted demographic. Racial profiling can involve disproportionate stop searches, traffic stops, and the use of surveillance technology for facial identification.

<span class="mw-page-title-main">Riot</span> Violent public disturbance against authority, property or people

A riot or mob violence is a form of civil disorder commonly characterized by a group lashing out in a violent public disturbance against authority, property, or people.

In United States criminal law, probable cause is the legal standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal and for a court's issuing of a search warrant. One definition of the standard derives from the U.S. Supreme Court decision in the case of Beck v. Ohio (1964), that probable cause exists when “at [the moment of arrest] the facts and circumstances within [the] knowledge [of the police], and of which they had reasonably trustworthy information, [are] sufficient to warrant a prudent [person] in believing that [a suspect] had committed or was committing an offense.”

<span class="mw-page-title-main">Terrorism Act 2000</span> United Kingdom legislation

The Terrorism Act 2000 is the first of a number of general Terrorism Acts passed by the Parliament of the United Kingdom. It superseded and repealed the Prevention of Terrorism Act 1989 and the Northern Ireland Act 1996. It also replaced parts of the Criminal Justice Act 1998. The powers it provides the police have been controversial, leading to noted cases of alleged abuse, and to legal challenges in British and European courts. The stop-and-search powers under section 44 of the Act have been ruled illegal by the European Court of Human Rights.

<span class="mw-page-title-main">Law enforcement in the United Kingdom</span>

Law enforcement in the United Kingdom is organised separately in each of the legal systems of the United Kingdom: England and Wales, Scotland, and Northern Ireland. Most law enforcement duties are carried out by those who hold the office of police constable of a territorial police force.

In England and Wales, the sus law was a stop and search law that permitted a police officer to stop, search and potentially arrest people on suspicion of them being in breach of section 4 of the Vagrancy Act 1824. According to a 2018 study in the British Journal of Criminology, stop and search had a marginal impact on crime in the UK.

A police community support officer, or as written in legislation Community Support Officer, is a uniformed member of police staff in England and Wales, a role created by Section 38(2) of the Police Reform Act 2002, which was given Royal Assent by Queen Elizabeth II on 24 July 2002. They are not warranted, but hold a variety of police powers and the power of a constable in various instances by the forty-three territorial police forces in England and Wales and the British Transport Police.

A Terry stop in the United States allows the police to briefly detain a person based on reasonable suspicion of involvement in criminal activity. Reasonable suspicion is a lower standard than probable cause which is needed for arrest. When police stop and search a pedestrian, this is commonly known as a stop and frisk. When police stop an automobile, this is known as a traffic stop. If the police stop a motor vehicle on minor infringements in order to investigate other suspected criminal activity, this is known as a pretextual stop. Additional rules apply to stops that occur on a bus.

<span class="mw-page-title-main">Human rights in the United Kingdom</span>

Human rights in the United Kingdom concern the fundamental rights in law of every person in the United Kingdom. An integral part of the UK constitution, human rights derive from common law, from statutes such as Magna Carta, the Bill of Rights 1689 and the Human Rights Act 1998, from membership of the Council of Europe, and from international law.

<span class="mw-page-title-main">Police and Criminal Evidence Act 1984</span> United Kingdom legislation

The Police and Criminal Evidence Act 1984 (PACE) is an Act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, and provided codes of practice for the exercise of those powers. Part VI of PACE required the Home Secretary to issue Codes of Practice governing police powers. The aim of PACE is to establish a balance between the powers of the police in England and Wales and the rights and freedoms of the public. Equivalent provision is made for Northern Ireland by the Police and Criminal Evidence Order 1989 (SI 1989/1341). The equivalent in Scots Law is the Criminal Procedure (Scotland) Act 1995.

<span class="mw-page-title-main">Black British people</span> British people of African descent

Black British people are a multi-ethnic group of British people of either Sub-Saharan African or Afro-Caribbean descent. The term Black British developed in the 1950s, referring to the Black British West Indian people from the former Caribbean British colonies in the West Indies sometimes referred to as the Windrush Generation and Black British people descending from Africa.

A number of different systems of classification of ethnicity in the United Kingdom exist. These schemata have been the subject of debate, including about the nature of ethnicity, how or whether it can be categorised, and the relationship between ethnicity, race, and nationality.

<span class="mw-page-title-main">White Irish</span> Ethnicity classification used in the United Kingdom Census

White Irish is an ethnicity classification used in the census in the United Kingdom for England, Scotland and Wales. In the 2021 census, the White Irish population was 564,342 or 0.9% of Great Britain's total population. This was a slight fall from the 2011 census which recorded 585,177 or 1% of the total population.

<span class="mw-page-title-main">Crime in London</span> Overview of crime in London, England

Figures on crime in London are based primarily on two sets of statistics: the Crime Survey for England and Wales (CSEW) and police recorded crime data. Greater London is generally served by three police forces; the Metropolitan Police which is responsible for policing the vast majority of the capital, the City of London Police which is responsible for The Square Mile of the City of London and the British Transport Police, which polices the national rail network and the London Underground. A fourth police force in London, the Ministry of Defence Police, do not generally become involved with policing the general public. London also has a number of small constabularies for policing parks. Within the Home Office crime statistic publications, Greater London is referred to as the London Region.

The powers of the police in Scotland, as with much of Scots law, are based on mixed elements of statute law and common law.

The powers of the police in England and Wales are defined largely by statute law, with the main sources of power being the Police and Criminal Evidence Act 1984 and the Police Act 1996. This article covers the powers of police officers of territorial police forces only, but a police officer in one of the UK's special police forces can utilise extended jurisdiction powers outside of their normal jurisdiction in certain defined situations as set out in statute. In law, police powers are given to constables. All police officers in England and Wales are "constables" in law whatever their rank. Certain police powers are also available to a limited extent to police community support officers and other non warranted positions such as police civilian investigators or designated detention officers employed by some police forces even though they are not constables.

The relationship between race and crime in the United Kingdom is the subject of academic studies, government surveys, media coverage, and public concern. Under the Criminal Justice Act 1991, section 95, the government collects annual statistics based on race and crime.

The Lammy Review is a 2017 review on discrimination within the policing and criminal justice systems in the UK, led by David Lammy and commissioned by David Cameron and Theresa May. The Lammy Review found significant racial bias in the UK justice system.

<span class="mw-page-title-main">White people in the United Kingdom</span> Racial and multi-ethnic group

White people in the United Kingdom are a multi-ethnic group consisting of indigenous and European UK residents who identify as and are perceived to be 'white people'. White people constitute the historical and current majority of the people living in the United Kingdom, with 83.0% of the population identifying as white in the 2021 United Kingdom census.

<span class="mw-page-title-main">Romani people in the United Kingdom</span> Ethnic group

Romani people have been recorded in the United Kingdom since at least the early 16th century. There are estimated to be around 225,000 Romani residing in the UK. This includes the Romanichal, Kale, Scottish Lowland Roma and a sizeable population of Roma from Continental Europe, who immigrated into the UK in the late 1990s/early 2000s and after EU expansion in 2004. They are considered part of the Gypsy, Roma and Traveller (GRT) community.

References

  1. Boffey, Daniel (25 May 2021). "EU report details role of race and ethnicity in use of 'stop and search'". The Guardian .