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Police use of stop and search power criticised by HMIC Police use of stop-and-search powers criticised by HMIC
(35 minutes later)
Police in England and Wales have not recorded legitimate reasons to stop and search people in a quarter of cases, the police watchdog has found. Police in England and Wales failed to record the "reasonable" reasons for stopping and searching people in a quarter of cases, a watchdog has found.
Her Majesty's Inspectorate of Constabulary examined 8,783 stop and searches in its first review of them. The Inspectorate of Constabulary, in its first review, examined 8,783 cases.
It found that in 27%, either no grounds had been recorded or the officer had entered a reason which would not justify a search, such as speeding.It found that in 27%, either no grounds had been recorded or the officer had entered a reason which would not justify a search, such as speeding.
The government has launched a public consultation on stop and search powers. It warned this could render the power ineffective and lead to a lack of public support for police.
About a million stops take place each year - but only 9% lead to an arrest. The government has launched a public consultation on stop-and-search powers.
Under the code of practice in the Police and Criminal Evidence Act, the reason must be recorded.
A police officer has to have reasonable grounds for stopping and searching someone, such as looking for drugs or a weapon.
Reasonable grounds also include the suspect's behaviour, or they can be stopped on the basis of contextual information - such as a high number of burglaries in an area. Police can also stop people if they match the description of someone wanted.
About one million stops take place each year - but only 9% lead to an arrest.
Home Secretary Theresa May ordered the HMIC review in December 2011, after renewed concern over police use of the powers in the wake of the riots that year.Home Secretary Theresa May ordered the HMIC review in December 2011, after renewed concern over police use of the powers in the wake of the riots that year.
HMIC said its findings did not necessarily mean the searches were unlawful, but it did suggest that the tactic was often used incorrectly. HMIC said its findings did "not necessarily mean that all those searches were unlawful and carried out without the required grounds."
It warned this could render the power ineffective and lead to a lack of support for police. But it did suggest that the tactic was often used incorrectly.
A public opinion survey for the HMIC suggested 37% of suspects were not told the reason they had been stopped, 42% did not understand the reason given and 47% felt they had not been treated with respect.
'Intrusive power''Intrusive power'
The HMIC found that the powers were often used "almost habitually", but that police chiefs did not regard monitoring the power as a priority.The HMIC found that the powers were often used "almost habitually", but that police chiefs did not regard monitoring the power as a priority.
It said monitoring of stop and search had "slipped down the agenda" since the publication of the report into the case of murdered teenager Stephen Lawrence, which highlighted stop and search as one way in which institutional racism manifested itself in the police.It said monitoring of stop and search had "slipped down the agenda" since the publication of the report into the case of murdered teenager Stephen Lawrence, which highlighted stop and search as one way in which institutional racism manifested itself in the police.
HMIC's national team inspector Stephen Otter told the BBC that stop-and-search powers could not be used simply to "control the streets". "From the evidence before us, we conclude that the absence of training for officers about how to judge when they have reasonable grounds, and poor supervision and absence of oversight by senior officers, are the reasons why 27% of the 8,783 stop and search records we examined did not have sufficient grounds recorded on them to justify the lawful use of the power," the HMIC report concluded.
HMIC's national team inspector Stephen Otter said the failures to record details showed a "real lack of attention" by police, adding that the law was "there to protect the public from abuse" of the powers.
He said: "It's a search for something. You can't just stop and search someone because they look a bit dodgy.He said: "It's a search for something. You can't just stop and search someone because they look a bit dodgy.
"There's too much evidence that not enough care is being given to the individual encounters - building reasonable grounds for that individual encounter in that individual situation."There's too much evidence that not enough care is being given to the individual encounters - building reasonable grounds for that individual encounter in that individual situation.
"You are exercising the most intrusive power that you have. You can put your hands in their pockets, you can direct them to remove outer garments. You are doing something very intrusive, and it feels intrusive. Getting officers to care about that is very important.""You are exercising the most intrusive power that you have. You can put your hands in their pockets, you can direct them to remove outer garments. You are doing something very intrusive, and it feels intrusive. Getting officers to care about that is very important."
Reasonable grounds Public scrutiny
A police officer has to have reasonable grounds for stopping and searching someone. There must be something he or she intends to search for, such as drugs, or a weapon, and the reason must be recorded.
Reasonable grounds can include the suspect's behaviour, or they can be stopped on the basis of contextual information - such as a high number of burglaries in an area. Police can also stop people if they match the description of someone wanted.
Only the so-called Section 60 searches - to prevent serious disorder on the streets - do not require officers to have reasonable grounds.Only the so-called Section 60 searches - to prevent serious disorder on the streets - do not require officers to have reasonable grounds.
The report found that only seven of the 43 forces in England and Wales recorded whether or not the item searched for was found.The report found that only seven of the 43 forces in England and Wales recorded whether or not the item searched for was found.
It also found that less than half of the forces complied with the requirements of the code to make arrangements for stop and search records to be scrutinised by the public.It also found that less than half of the forces complied with the requirements of the code to make arrangements for stop and search records to be scrutinised by the public.
And half of the forces did nothing to understand the impact of the practice on communities.And half of the forces did nothing to understand the impact of the practice on communities.
A public opinion survey for the HMIC suggested 37% of suspects were not told the reason they had been stopped, 42% did not understand the reason given and 47% felt they had not been treated with respect.
Earlier this month, Mrs May announced a six-week public consultation on stop and search, saying it could be a vital power in the fight against crime - or a waste of police time which undermined public confidence in the police.Earlier this month, Mrs May announced a six-week public consultation on stop and search, saying it could be a vital power in the fight against crime - or a waste of police time which undermined public confidence in the police.
A Home Office spokeswoman said the government would respond to the HMIC report and the replies to the public consultation with specific proposals by the end of the year.A Home Office spokeswoman said the government would respond to the HMIC report and the replies to the public consultation with specific proposals by the end of the year.