Reducing Ethnic Profiling in the European Union - Open Society ...

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UNITED KINGDOMInforming Persons of the Reason for a Stop and SearchThe United Kingdom Police and Criminal Evidence (PACE) Act Section 2 providesstatutory safeguards for stop-and-search powers. 205 Before searching a person orvehicle or detaining a person or vehicle for the purposes of a search, the officer musttake reasonable steps to bring to the person’s attention:• the officer’s name;• the name of the police station to which the officer is attached;• the objective of the search; and• the grounds for making the search.The person must also be informed that he is entitled to a record of the search and towhich police station he should apply to obtain the record. The acronym GO WISELYis taught to remind officers of these responsibilities:[G]rounds for the search[O]bject of the search[W]arrant card must be produced if in plain clothes[I]dentify: the PC must inform the suspect of his name[S]tation: the police station at which the constable works.[E]ntitlement to a copy of the search record[L]egal power being used for detention.[Y]ou are being detained for the purpose of a search: the suspect must be toldhe is being detained.Although the Police and Criminal Evidence Act requires officers to explain whythey stopped someone, there is evidence that this does not always take place. Severalpolice forces—including the Hertfordshire Constabulary (below)—have developed trainingand procedures that specifically address the quality of encounters between officersand citizens.120 STRATEGIES FOR REDUCING ETHNIC DISPROPORTIONALITY
UNITED KINGDOMMonitoring the Quality of Encounters by the Hertfordshire Constabulary 206In 2007, the Hertfordshire Constabulary introduced stop forms that include a sectionto record the quality of the encounter. At the end of a stop-and-search encounter,officers are required to ask the person stopped:“Thinking about the experience of being stopped by your local police on this occasion,which of the following do you agree with:• I understand the reason I was stopped. Yes/No• During the stop, I was treated professionally, respectfully and with dignity. Yes/NoPlease sign.”Introducing the questions on the stop form means that the officer is aware that hewill have to ask about the quality of the encounter, creating a focus on more professionalconduct. The questions are also intended to empower the public and reinforcethe notion of policing as a public service. The requirement that officers ask membersof the public to rate their satisfaction with the stop has changed officers’ thinking andbehavior. It also provides supervisors with further means to monitor officers’ stops,including completion rates of the forms.People are generally most satisfied with stops that result from planned operations,probably because these are based on intelligence and officers are briefed beforehand,enabling them to provide full explanations of why they are conducting stops.Stops conducted in response to an incident—such as a witness reporting “suspiciousbehavior,” for example—had the lowest satisfaction ratings. This may be due to thelimited and rapidly changing information available to officers, leading to a poorerexplanation of the reasons for the stop.Monitoring of the data showed that black people and young people were least likely tobe asked about their treatment and most likely to record negative experiences whenasked. Officers who were most likely to focus their stops on ethnic minorities werealso least likely to complete the stop forms.Based on the Hertfordshire experience, quality control questions have since beenincluded in the stop forms used by some other UK police forces. The Suffolk Constabularyincludes the same quality questions. (Please see Appendix A for the Suffolk stopform.) When “no” is ticked for either question or the form has not been signed, thepolice send a letter to the person who was stopped and searched, asking him aboutthe quality of the interaction and giving him the contact information of an independentreporting center where he can make a complaint if dissatisfied with the encounter.REDUCING ETHNIC PROFILING IN THE EUROPEAN UNION 121
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OPEN SOCIETY JUSTICE INITIATIVERedu
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described in this report. The case
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List of Case StudiesThe case studie
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UNITED KINGDOMAUSTRIA/BELGIUM/BULGA
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UNITED KINGDOMUNITED KINGDOMNETHERL
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The United Nations, the Council of
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I. Ethnic Profiling DefinedA Compre
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The use by the police, with no obje
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explicitly on their membership in a
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of the persons subjected thereto sh
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The impact of ethnic profiling on c
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of the ethnic minorities disproport
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II. A Holistic Approachto Reducing
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Law enforcement agencies are accoun
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III. Legal Standards andInstitution
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Criminal and Administrative Legal R
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ImmigrationThe Equality Act covers
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FRANCEObligation of Non-Discriminat
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General principles of good practice
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UNITED KINGDOMPolice and Criminal E
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has lasted for an hour, the examini
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In order to conduct a check using a
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the person could pose a threat to p
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Improving law enforcement relations
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IRELANDPolicing Plan 2008The Garda
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officer misconduct more than patter
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complaints commissions that include
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Civilian oversight can and should d
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In Ireland and Northern Ireland, po
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These case studies also demonstrate
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NETHERLANDSNational OmbudsmanThe Du
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UNITED KINGDOM / NORTHERN IRELANDNo
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Page 117 and 118: UNITED KINGDOM“Know Your Rights
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Page 150 and 151: other characteristics or values. Co
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Page 160 and 161: UNITED KINGDOMCommunity Stop and Se
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Appendix A:Sample Stop Forms171
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REDUCING ETHNIC PROFILING IN THE EU
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Fuenlabrada, Spain Stop FormREDUCIN
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West Yorkshire Police Stop ReceiptR
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Covenant rights that are especially
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• Necessity: The use of ethnic pr
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The clear risk of arbitrariness in
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The Committee considers that identi
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adopted on June 29, 2007, CRI/Counc
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European Union Fundamental Rights A
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Notes1. Rebekah Delsol, Open Societ
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13. A report of MI5’s behavioral
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38. From the email text sent by Tem
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57. R. Davis and P. Mateu-Gelabert,
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88. Gillan and Quinton v. United Ki
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Ireland). Of the total number of co
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139. For example, European Commissi
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165. Open Society Justice Initiativ
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197. These can be found at: http://
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230. More information can be found
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266. To undertake this kind of anal
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279. In Rosalind Williams, Spanish
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Ethnic profiling by police in Europ
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