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

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UNITED KINGDOMMerseyside Police Review of Stop Data 148In Merseyside, senior officers “dip-sample” stop and search forms to ensure thatofficers are accurately completing forms and meeting legal standards. Each month,50 forms are randomly sampled from each policing area and specialized unit. Theforms are reviewed by an inspector and two sergeants to ensure objectivity. Theymake a report to the area commander and the assistant chief constable. The initiativewas started in September 2008 and has improved the quality of the forms, withthe number of correctly completed forms increasing from 82 percent to 96 percent.Law enforcement officers frequently raise concerns about the burden of additionalpaperwork involved in completing stop forms and performing data entry. A certainamount of bureaucracy is necessary to ensure that the police are accountable andtransparent. Completing stop forms is not a distraction from “real” police work—assome officers have complained—but rather a part of police work that builds trust andconfidence and allows police forces to target their use of stops effectively. British civilrights advocates have pointed out that “[s]top and search forms routinely take an averagebetween 2 and 5 minutes to complete” 149 and noted that the adoption of new hand-heldcomputers and smart phones has reduced to the amount of time patrol officers spendon paperwork.Several British police forces are embracing new technologies to enhance therecording of stops and searches. The case study below provides an example from theWest Yorkshire Police who are using BlackBerry ® mobile phones to record stop data.(Please see Appendix A for the West Yorkshire BlackBerry ® form.) Other initiatives inthe United Kingdom have explored recording stops and searches on other mobile dataplatforms and the “Airwave” radio system that allows an officer to digitally record thedetails of the stop verbally rather than in writing. In Spain, local police in are testing apen that automatically records the data as it is written on a paper stop form. Anotherapproach (commonly used in US cities) is for the officer to call in information to radiodispatchers using a simple set of codes.80 ETHNIC MONITORING AND LAW ENFORCEMENT DATA-GATHERING
UNITED KINGDOMWest Yorkshire Police Use of BlackBerrys ® to Record Stop Data 150In 2009, the West Yorkshire Police participated in a United Kingdom Home Officepilot project to use new technologies to improve the recording of stops and searches.The pilot was successful and now over 4,500 police officers record their stops andsearches on BlackBerry ® smart phones. The software automatically fills in identifyinginformation for the officers, as well as the GPS location and time of the stop. It alsoallows officers to fill in the legal basis upon which the stop was based, reason forthe stop, outcomes, self-defined and officer-defined ethnicity of the person stopped,and additional information such as description of clothing and other information thatmight be useful for intelligence purposes. The BlackBerry ® is connected to the PoliceNational Computer, and if the stopped person’s record is in the system, their recordand photograph will appear. If the officer is satisfied that it is the correct record forthe person stopped, s/he selects it and it populates the form with name, address,and date of birth. The form cannot be submitted until all fields are completed. Theperson stopped is given a receipt, which records the unique reference number of thestop and the name of the officer conducting the stop, and also provides informationon stop-and-search powers and how to complain or give feedback by text or on thepolice website. (Please see Appendix A for the West Yorkshire stop receipt.)Once officers have completed the form it is forwarded automatically to their sergeantfor review. Sergeants then check that the form is complete and meets legal standards.If so, it is accepted and logged centrally; if it is rejected, the system automaticallysends a message to the officer informing him of what needs to be done.Testing showed that the paper forms took a total of 22 minutes to complete (includingofficer completion of 3–5 minutes, sergeant review, and data-entry by an administrator)while the BlackBerry ® recording system takes less than 5 minutes in total.(Please see Appendix A for the West Yorkshire BlackBerry ® form.) Electronic datarecording is enhancing monitoring and accountability by providing a picture of stopsby individual officers and across units and forces. It enables more accurate analysisof the location of stops, including cross-referencing with maps of local crime patternsto support effective targeting of stops and searches. The information is shared atcommunity stop-and-search scrutiny panels in each district. It is also used by areamanagement teams in regular meetings where they review where crime is takingplace in their areas, where stops and searches have been used, and how successfulthe intervention has been, and set tasks for the following two weeks.REDUCING ETHNIC PROFILING IN THE EUROPEAN UNION 81
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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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Page 39 and 40: ImmigrationThe Equality Act covers
Page 41 and 42: FRANCEObligation of Non-Discriminat
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Page 55: IRELANDPolicing Plan 2008The Garda
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Page 100 and 101: NORTHERN IRELANDBeyond the Margins:
Page 102 and 103: DENMARKMedia Reporting of Police St
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Page 117 and 118: UNITED KINGDOM“Know Your Rights
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SWEDENPolice and Youth Sharing Expe
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Training in the Counter-radicalizat
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VIII. Changing Institutional Cultur
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and Wales have used the package. Mo
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NORTHERN IRELANDCreating a More Bal
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Moroccan man. Another minority offi
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General principles of good practice
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other characteristics or values. Co
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Take steps to ensure that all parts
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Law enforcement agencies must be se
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A large number of Polish migrants h
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variety of individuals with “life
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UNITED KINGDOMCommunity Stop and Se
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their needs, and problems, and hear
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to travel as far as Liverpool to ac
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The strategy includes multiple init
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The website provides an interactive
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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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