Analysis
Stop and Search, the Inspectorate and ‘disproportionality’
HMICFRS failed to ask the right questions as to why there is racial disproportionality in police use of stop and search argues Chris Hobbs
In the wake of the IOPC’s critical report of the Met’s use of stop and search followed by the Justice human rights organisation’s condemnation of stop and search especially in relation to section 60, it came as no surprise when a further report emanated from the Her Majesty’s Inspectorate of Constabulary.
It would probably be regarded as a gross understatement to suggest that the HMICFRS is regarded as lacking any sort of empathy or sympathy for the difficulties faced by police officers struggling on the front line.
Critical HMIC reports may, very occasionally, make a brief one-line reference to the lack of police resources and it is hard not to conclude that this is because its head, Sir Tom Winsor, is regarded as being responsible for the ‘more for less’ philosophy that ultimately resulted in drastic policing cutbacks imposed by David Cameron and Theresa May.
That this was a gross error which was catastrophic for policing is now generally accepted across government but is, perhaps unsurprisingly, not reflected in HMICFRS reports.
The HMICFRS report into stop and search almost inevitably began with a reference to George Floyd and continued in an almost simplistic form by constantly asking the question as to why there was disproportionality in stop and search in respect of those from the ethnic minority groups, especially from the black community.
Forces, they complained, couldn’t provide any reason as to why this was the case? Perhaps, a simple answer could be because the HMICFRS failed to ask the correct questions.
In fairness, there were some aspects of the report that merit consideration. Improved communication and explanation with local communities in relation to stop and search would be welcomed by officers at all levels within the police service. Cutbacks that have resulted in community policing being dramatically curtailed and police stations closed, have hardly helped with issues of communication.
The report also referred to training in relation to stop and search, the use of force and communication (de-escalation, talking down). Many officers would dearly wish to see more training in relation to these skillsets; that is frequent practical training as opposed to one or two days a year or via the loathed ‘NCALT’ computer training packages. Alas cutbacks and demand have reduced training opportunities but again there is no mention of these factors by HMIC.
Criticism of the gathering and evaluation of data may be valid, but doesn’t that come back again to resources and cutbacks? Police support staff would have been ideally placed to carry out these ‘neglected’ tasks and perhaps the controversial gang matrix databases could have been much better maintained by those support staff had they not be ‘culled’ as a result of the ‘more for less’ philosophy.
Are officers stopping the right people?
Two questions I thought that the HMICFRS could have posed in advance of their inspections: The first would simply be; are police stopping the right people? Stop and search was a contentious issue in 1981 and of course led to the Brixton riots. I well remember being rushed, as a young PC, from Southall to Brixton in one of a fleet of police station vans.
In the aftermath, one night duty, we went through our station stop book. Were we stopping the right people? Well, we were. Some 90% had significant criminal histories. A number of serving officers I have spoken to believe that the results would be similar today and it is surprising that these details are not kept by the forces themselves and even more surprising that these figures are not being demanded by the HMICFRS.
Do drug searches simply reveal drugs or nothing?
HMICFRS also fail to acknowledge the relationship between drugs and weapons and indeed, drugs, weapons and gangs. Why have they not asked the question of forces as to how many searches for drugs also result in the discovery of weapons?
There is much anecdotal evidence to suggest that this is not an infrequent occurrence. There is, throughout the report, very little mention of weapons, especially knives which is surprising.
Unless I’m guilty of misinterpretation, there is also comment which seems to imply that officers should somehow be able to make a pre-search distinction between those in simple possession and those being searched in relation to the offence of drugs supply. Perhaps training should include a sharpening of officer’s psychic powers.
The elephant that shouldn’t be in the room.
So I can avoid the accusation of racial bias I’ll begin with an assertion by Cressida Dick, namely
Reports by Mayor Khan’s office come to a similar conclusion and the Mayor, once opposed to stop and search changed his view with the grim reality of office and now supports the tactic.
A Sky News investigation produced the following:
If the HMICFRS are still scratching their heads as to disproportionate stop and search perhaps they should take the trouble of looking at montages of those of who have died violently on London’s streets over the last few years. These tragedies would be far greater in number were it not for the greatly improved trauma skills of NHS doctors, nurses, paramedics and indeed police officers who are often first on the scene of violent crime incidents. Such improvements make statistical comparisons with 20 or even 10 years ago misleading.
Gangs, drugs and drill.
Police forces generally at various command levels, seem reluctant to admit that they have a gang problem. Occasionally at a trial, the full story of deadly gang rivalries are revealed but the extent of gang influences are often kept from the public and, it would seem, from the HMICFRS. Gang activity barely features in their report.
Many London gangs are long established and are engaged in ‘civil wars’ that have been ongoing for years; in some cases, decades. Others fade away but are replaced by ‘new kids on the block.’ Most of the gangs in question are represented by one or more rappers and being an established gang rapper can result in, at worst, death or imprisonment. Gang rappers have little choice but to maintain a ‘macho’ image. A gang rapper who is ‘caught lacking’ (unawares) and flees, has some serious explaining to do.
The gangs also have a significant business interest which revolves around drugs and indeed other criminal enterprises. ‘Trappin’ or drug dealing is a fact of life for many linked to gangs. The HMICFRS report does, in fact, make a reference to ‘county lines.’ County lining has been around for many years but relatively recent interest has been generated by the exploitation of youngsters by unscrupulous gangs.
The influence of rappers, gangs and drugs on youth culture is disturbingly illustrated in one You Tube video featuring a leading gang rapper and entitled, appropriately, ‘Trapping.’ Extolling the virtues of a ‘trapper’s’ lifestyle (unless there’s a hidden meaning that passed me by) the video achieved 15 million views.
Attempting to take down You Tube videos appears fruitless. Instagram insults and challenges are simply transferred to a wider You Tube audience and re-posted if taken down. ‘Youth’ news bulletins, normally accurate can be found and, shockingly so can scoreboards which show the ‘state of play’ between rival gangs. Points are awarded for murders, shootings stabbings, drawing blood etc.
The police community generally, with the apparent exception of the HMICFRS, are fully aware of the malevolent influence of gangs; an influence which means, as illustrated on Friday’s BBC London News, that even non-gang members or affiliates (those on nodding terms with gang members) have to take significant detours in order to avoid territories that are ‘owned’ by rival ‘postcode’ gangs.
Into this maelstrom, step the police who attempt to curtail activities involving drugs and serious violence thereby saving lives. They use the limited powers available whilst being watched, not just by numerous mobile phones but by a hostile inspectorate and an IOPC, with both organisations appearing to have little concept of the reality which exists on the streets of London together with other cities and towns.
Section 60
There is also strident criticism of ‘Section 60’ whereby police can search without the requirement of reasonable grounds. The issue of ‘disproportionality again is an issue, yet much will depend on the circumstances of the probable violent incident such as a stabbing or shooting, which prompted the S60 implementation. Officers would be aware of the intelligence in relation to the incident, such as descriptions of victim(s) and assailants(s) which would in turn determine their response as to who would be stop and searched.
A negative narrative encourages violence
Part of the report deals with the issue of a disproportionate use of force by police against members of the black community. Again, amazingly there is no consideration of whether the anti-police narrative actually increases levels of hostility towards police.
If there is a stream of constant, unchallenged negativity directed against police from so called community activists, both social and mainstream media and indeed from the IOPC and HMICFRS, then surely this will negatively impact on any interactions between police and members of that community, especially youths and young men.
The irrefutable fact is that socio- economic deprivation, sub-standard housing, inferior education, poor health care, lack of job opportunities and inadequate facilities for young people including cuts in sure start provision, youth clubs and special needs/mental health facilities result in high crime areas and thus increased contact and conflict with police
Police are well aware of these factors and also know that constant negativity directed against police, coupled with unremitting allegations of police racism will increase antagonism towards officers; this will lead to an increased use of force which increases animosity still further. Clearly if a BAME youth or young man is approached by an individual who he regards as a brutal, racist oppressor then that encounter may not go well.
The socio-economic conditions which contribute to a high level of violent crime are not the fault of police but, as I’ve stated previously, the responsibility of successive generations of inept politicians from both sides of the political spectrum. At the risk of repeating myself, it’s the police who have to provide the sticking plaster and it’s the police who become the whipping boys (and girls) of politicians, activists, criminals, the media together with the HMICFRS and IOPC.
Is it really alright not to be alright?
There is now an acknowledgment that attention needs to be paid in respect of the mental health of police officers. There is no doubt that the stresses and strains borne by front line officers are far greater than when I was a young PC patrolling the streets of Southall.
Police officers are subject, quite rightly, to high standards of behaviour but there are surely times when those stresses may cause an officer to ‘snap’ and behave in a way that may attract criticism and possibly complaints.
The HMICFRS report states that they viewed social media footage of stops where the behaviour of officers may have been short tempered, rude and aggressive. They seem to acknowledge that these clips are notorious for being edited but even then, there is no balanced comment in relation to the fact that officers may well ‘snap’ due to the stress and pressures upon them.
If they and others feel there can never be an excuse in any circumstances for such behaviour, then of course that tends to negate the ‘it’s alright not to be alright’ mantra. A difficult, complex topic but perhaps one that should have featured in this HMICFRS report.
The lack of positivity.
Contained within the report were statistics which appeared, at least to me as being surprisingly positive. During a recent Talk Radio interview, the presenter, Ian Collins expressed surprise that the ‘find’ rate of stop and searches was as high as 25%. I replied that I also found that surprising.
It also seems that 84% of stops and searches examined by the HMICFRS were satisfactory in terms of reasonable grounds. Again, given the pressures officers are under out there in the real world, my own personal view was that this was also surprisingly high.
Of course, there is much interaction that occurs between minority communities and police that is positive. Officers rushing on ‘blues and two’s’ to stabbing and shooting incidents, arriving before paramedics and administering life saving first-aid, is a by far from rare occurrence. In London and some, not all, major conurbations, that victim is likely to be from the black or other minority community. Officers also suffer the pain of seeing those who they desperately try and help, dying before their eyes.
There are some green shoots visible in terms of rapprochement between police and the black community. An example can be found on the Angell Estate in south London, where Pastor Lorraine Jones who herself lost a son to knife crime, is instrumental in forging a close relationship between police and youths via the local boxing club. Lorraine’s son, Dwayne, was fatally stabbed when bravely coming to the assistance of another.
Alas, as I’ve personally heard at BLM linked rallies, many (not all) activists are against any form of positive contact with police. The Met’s Op Trident did, from 2000, establish trust and a sound working relationship with all sections of the black community. Alas, the powers that be couldn’t leave well alone and as I retired in 2011, in acrimonious exchanges, I was being told ‘Trident isn’t about the black community.’
Getting justice for homicide victims and their family is another aspect of positive policing that is frequently ignored by police critics. Most homicides are solved although there are concerns that police cuts coupled with increased demand are adversely affecting the police success rate.
However, the question could well be posed as to whether it would have been preferable for the perpetrator to have been stopped, searched and arrested, albeit on the feeblest of grounds, before encountering their unfortunate victim.
Handcuffing to enable a stop and search was also criticised and it would seem the Met have already taken action to curb the practice. However, where’s the balance there or in the Met’s decision? Many front-line officers will have dealt with stabbings and seen their devastating effects. They will know that a knife can be produced and inflict dreadful perhaps fatal damage, in the blink of an eye.
Perhaps, at the very least, that concern could have been addressed when discussing reasons for the recommendation but there again those making the recommendation/decision are much less likely to face a dangerous, armed suspect than the officer on the front line.
End result
So, what will be the result of the ‘triple whammy’ in respect of the IOPC. Justice and HMICFRS report. The concerns are similar to those of Theresa May and indeed she is mentioned by the HMICFRS in their report.
The dramatic scaling back of stop and search at the behest of May was, it is believed, hugely significant in the rise of violent crime. Whilst the proportion of successful stop and searches went up as officers focussed on ‘certs,’ the actual number of arrests in London fell by 1,000 a month.
Whilst I suspect that some recommendations concerning better recording and training will, quite properly, be implemented, most Chief Constables will not wish to encourage an overall reduction in stop and search numbers for fear of making an already bad situation even worse in terms of criminal activity and violence on our streets.
In the meantime, we await the inevitable HMICFRS report on ‘policing the pandemic,’ which doubtless will again see them pander to activists who are complaining of ‘over-zealous’ policing, police brutality and officers ‘behaving like Nazis.’
Chris Hobbs is a retired Metropolitan Police officer who worked in Special Branch
Category: Local and Neighbourhood PolicingOpsPolicy
Tags: DrugsFaith and Community TensionGovernment PolicyHMICKnife CrimeMental HealthNeighbourhood PolicingOfficer SafetyParty PoliticalPatrol IssuesPolice & CJ organisationsRace EqualityTrainingViolent Crime