Use of Stop and Search Powers in Nottinghamshire: Ethnic Disproportionality Analysis, Lecture notes of Constitutional Theory

Download Use of Stop and Search Powers in Nottinghamshire: Ethnic Disproportionality Analysis and more Lecture notes Constitutional Theory in PDF only on Docsity! 1 Freedom of Information Act Document Title: Position Statement: An explanation of the use of s1 PACE and s.23 Misuse of Drugs Act stop and search powers and their use and proportionality in Nottinghamshire Police’s area during 2011/12, 2012/13 and 2013/14 Background Power - under section 1 of the Police and Criminal Evidence Act (PACE 1984) - a constable can stop and search any person or vehicle. Use – the constable MUST have reasonable suspicion that they will find something, to use this power. Must have – the constable MUST have some ‘objective basis’ for this suspicion, it can’t just be because the person has been in ‘trouble’ previously. The objective element could be based on intelligence, information or relevant facts e.g. the person's behaviour is out of the ordinary in a locality where burglaries are occurring regularly. Objects of a search – the constable can search for: offensive weapons or articles for use in connection with certain offences, including: - theft - burglary - fraud - taking a vehicle without the owner’s consent - destroying or damaging property for example, a paint spray can, which they intend to use in producing graffiti - prohibited fireworks - bladed or sharp pointed articles i.e. knives Extent of a search – a constable can search any person or vehicle or anything in or on the vehicle providing the reasonable suspicion exists. The constable can detain the person for the purpose of the search but only for the minimum amount of time necessary to conduct the search. Where it can be exercised – any public place, or on private land (but not in a dwelling) where the person is believed to be a trespasser. Conduct of the search – a constable must ensure that all stop and search powers are used fairly, objectively and without any bias against ethnic or other groups within the community. Seizing items found - If the constable finds an article which they have reasonable grounds for suspecting to be a stolen or prohibited article, a knife or pointed article or a firework, they may seize it. Searching children - Exercising these powers may bring officers into greater contact with juveniles e.g. in criminal damage offences. Officers must be fully aware of and ready to take account of the special needs of juveniles and other vulnerable groups. There is no lower age limit for using these powers so a person of any age can be searched. Wearing uniform – A police officers does not have to be in uniform but they must identify themselves as a police officer and show their ‘warrant’ card if they are not. 2 Data summary The table below details the ‘Black and minority ethnic’ (BME) reduction in disproportionality for the use of stop and search in Nottinghamshire over the last three years. The detail of this trend can be seen from page three, the 2011 Census data (above) is used to calculate these figures. Use of s.1 PACE & s.23 MDA stop and search in Nottinghamshire (numbers in brackets = number of searches) Ethnicity White Black Mixed Asian or other BME 2011/12 1.0 (2500) 4.2 (296) 2.0 (157) 1.6 (262) 2.3 (715) 2012/13 1.0 (2667) 4.3 (323) 1.6 (139) 1.5 (266) 2.2 (728) 2013/14 1.0 (4188) 4.1 (486) 1.4 (181) 1.1 (311) 1.9 (978) The table below details the reduction in disproportionality for the use of stop and search in Nottingham City over the last three years. The detail of this trend can be seen from page 3. Use of s.1 PACE & s.23 MDA stop and search in Nottingham City Ethnicity White Black Mixed Asian or other BME 2011/12 1.0 (1308) 1.9 (248) 1.1 (128) 0.8 (204) 1.1 (580) 2012/13 1.0 (1132) 2.4 (274) 0.9 (98) 1.0 (227) 1.3 (599) 2013/14 1.0 (1713) 2.3 (398) 0.9 (139) 0.7 (247) 1.2 (784) Whilst the headline disproportionality rate identified under the column ‘BME’ continues to reduce at the Force level and is nearly proportionate within the City, the rate for ‘Black’ remains static at the Force levels and increases within the City. Proportionality and disproportionality within the use of stop and search powers The tables that follow identify how many searches were conducted during 2011/12, 2012/13 and 2013/14. It also identifies the use of these powers where members of Black and minority ethnic communities are stopped and searched. The 2011 Census data, containing the most up-to-date population figures, is used to identify the levels of proportionality of stop and searches. Disproportionality is calculated by identifying how many searches are conducted per 1000 of the population within any given community, the rate for this community is then divided by the rate for the ‘white’ community. The outcome of this calculation is the rate of disproportionality: Nottinghamshire’s and Nottingham City’s population 2011 Population Percentage Population Percentage Population Percentage White 218698 71.5% 750803 95.5% 969501 88.8% Mixed 20265 6.6% 10716 1.4% 30981 2.8% Black 22185 7.3% 5102 0.6% 27287 2.5% Asian 40039 13.1% 17139 2.2% 57178 5.2% Other 4493 1.5% 2042 0.3% 6535 0.6% Total 305680 100.0% 785802 100.0% 1091482 100.0% White 218698 71.5% 750803 95.5% 969501 88.8% BME 86982 28.5% 34999 4.5% 121981 11.2% Ethnicity City County Nottinghamshire