With the ever-changing social climate, there is an increasing need for communities to be unified and not let minority voices of hate and division dominate. However, communities, particularly minority and marginalised ones need to have trust and confidence in the Police Force. They need to believe that they will be protected, and have their rights upheld, no matter their identity, appearance, or presentation.
Stop and Search, albeit not a new police power, remains one of the most controversial and contentious. If used correctly, then it has its intended effect, to protect the community and detect crime. However, poorly executed, and targeted searches undermine trust in the Police and damage wider police and community relationships. This is evermore present in minority and marginalised groups, who are disproportionately affected by this; and it is even more apparent in certain geographical regions that have a lack of diversity.
Communication is key, and aside from the necessity for all searches to be legal, the way in which it is conducted, from start to finish, will have a significant impact on those relationships. But equally the Police need to be aware of the message it sends to the individual concerned and the wider community. It can create understandable feelings of suspicion amongst communities and a feeling of inequality. This, in turn undermines police legitimacy which is the cornerstone of policing by consent.
In 2021, following an inspection by HMICFRS found that no Police Force fully understood the impact of the use of these powers, despite data having been available since the 1980s[1]. This then begs the question, how and when will things change, if the same issues persist 40 years later. One of the ways some Forces have tried to tackle disproportionality and increase transparency is by setting up Independent Scrutiny Panel’s for Stop and Search. This enables local community members to join a panel to scrutinise watch police body worn footage of Stop and Search encounters and give honest and robust feedback to challenge and hold the Police to account.
Local Policing in Dorset
In Dorset, the Police Force have set up such a panel. Given the small proportion of Dorset’s community that is from an ethnic background, and the disproportionality often seen in their treatment by the Police (0.3% identifying as Black, 1.1% identifying as Asian, 1.2% identifying as Mixed,0.4% from any Other Ethnic Minority Group and 97.1% people identifying as White in the 2021 census[2]), this is a key area of focus and has been prioritised by the Chief Constable.
How does the panel work?
The Panel use the Procedural Justice model to enable it to effectively grade the police interactions; with the aim of identifying themes and trends that can then be addressed to uphold police legitimacy which should in turn reduce disproportionality. The panel is split into smaller focus groups to watch several body worn video clips (selected thematically by the Chair), to review and score against the procedural matrix. Once all the feedback is collated, a comprehensive report is prepared, published externally, and presented to the Chief Constable, Deputy Constable, and Assistant Chief Constables, before being disseminated back down the rankings.
What are the procedural justice metrics?
Procedural justice theory suggests that when the police are fair and respectful, they gain trust, legitimacy, and cooperation. The four elements of procedural justice that can be applied to Stop and Search are:
- Voice – Individuals report higher satisfaction when they can use their voice to explain their side of the story and participate in decisions, even if they cannot determine the outcome.
- Dignity and respect – The public react negatively when officers display dismissive or demeaning behaviour.
- Trustworthy motives – People want to believe that the police are sincere and focused on their needs and concerns.
- Neutrality – The public wants to know that they have been stopped and searched based on objective information rather than any personal characteristics.
What are the outcomes and how do they improve policing?
By obtaining honest and challenging feedback from the local community the Force has an opportunity to use the public feedback on Stop and Search to align and inform policies and practices and tackle community concerns. Key issues and trends can also be highlighted and those officers or individuals that may need retraining can be identified, supported and disciplined where necessary.
Actively engaging with communities and acting on key challenges and solutions raised by those communities firstly demonstrates that their voices do have power. This should in turn rebuild bridges and begin to rebuild trust and confidence within communities and maintain police legitimacy. All citizens have the right to feel safe and protected by their Police Force, irrespective of any personal characteristics.
Public scrutiny is important, now more than ever, given the divisions seen and felt within society, and on the streets. All communities should feel safe when out in public, but for marginalised communities, there is an additional level of complexity and fear when they cannot feel safe amongst their peers simply because of their identify. Equality and equity must be the foundation of democracy and a civilised society. This must be upheld at all costs. At a very basic level those communities must always feel safe and protected by the Police who are there to serve them.
Whilst we continually see a regression within society and outward displays of disproportionality, hate and discrimination, the community must stand strong and use its collective voice to challenge and call for better. Hate cannot be the loudest voice. There can no longer be any apathy, things simply must change for the better.
Rachel Bailey 12CP Barristers, Independent Scrutiny Panel Chair for Stop and Search and Use of Force (Dorset Police)
[1] Disproportionate use of police powers: A spotlight on stop and search and the use of force (justiceinspectorates.gov.uk)
