Essay On Stop And Search

This coursework will provide a critical analysis of the development of the powers of stop and search. It will look at how these powers have evolved over the years and evaluate why they have changed. It will examine elements of the Scarman Report, the report published by the Royal Commission on Criminal Procedure and the MacPherson Report, to provide a further analysis on why police forces had to change their practices of stop and search and how minority communities’ relationships with the police have changed, both before and after the reports. It will conclude by looking at the current police powers to stop and search and evaluate how effective they are and whether further developments are needed.
One of the most controversial interactions
Some have witnessed or experienced oppressive use of police powers. When a report was presented to the West Indian Standing Council, in the 1960s, it was alleged that the police had engaged in practices that some offices, in London, had themselves referred to as ‘nigger hunting’ . This perceived notion that the police were racist, along with the indiscriminate use of stop and search, led to heightened tensions between ethnic communities and police forces throughout England. This ultimately ended with riots in various cities and civil disorder, which forced the hand of the Government to change police powers of stop and search. The first city where riots occurred was Bristol in 1980 followed by the London suburb of Brixton in 1981 and Manchester, Liverpool, Birmingham and other cities in July 1981
These Acts only permit for a stop and search to be conducted if the officer has reasonable grounds to suspect that stolen or prohibited items will be found . This provides for a greater degree of protection for individuals against the haphazard way stops and searches had been conducted in the past. One of the main purposes of requiring such suspicion was, in part, to stop unscrupulous officers harassing minority groups and not have their prejudices form their decision to stop and search. However, there are some statutes that do not require the police to have reasonable suspicion before conducting a stop and search. These are s60 Criminal Justice and Public Order Act 1994 and s47A Terrorism Act 2000 (introduced by the Terrorism Act 2000 (Remedial) Order 2011, SI 2011/631, following the repeal of s44 ) - These pieces of legislation have come in for major criticism, primarily because they require no reasonable grounds for suspicion. As such the police could use this power to discriminate against members of the public and carry out unreasonable and unnecessary stops and searches. This argument is counteracted by police; they claim that these powers are needed to give greater protection to society. The question then arises; are members of the public prepared to sacrifice a portion of their liberty for greater protection? This is a contentious issue and has no