Date published: 28th January 2019

The power of a police officer to stop and search someone has long been a vexed subject. Back in the 1980’s before the Police and Criminal Evidence Act (“PACE”) there was a wide ranging use of the old “sus law” which undoubtedly targeted individuals from BAME (Black and Minority Ethnic) groups. The sus law led in part to the riots in Brixton and Toxteth.

The advent of PACE was supposed to control and regulate the use of this power so that there would have to be a reasonable suspicion before someone could be stopped and searched for weapons, drugs or stolen items. Over the years statistics have shown that still BAME individuals are disproportionately targeted by this power.

In the most recent statistics from the Metropolitan Police the position is not getting any better.

In fact the use of the power appears to be getting worse in that if you are young and black you are more likely to be stopped and searched but less likely to have committed a crime than a white person.

When Theresa May was the Home Secretary she reformed the systemHowever it is quite clear now that the reforms have not worked.

I wrote a piece some time ago about the old sus laws – things have not changed.

Surely it is time for a complete and radical overhaul of these powers? If they are such a valuable tool for the police then no doubt they will be willing to join in the debate as to how new rules can be put in place to ensure fairness and proportionality are at their heart. It is time to stop racial profiling, to deal with unconscious bias and to move forwards. 

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