Police, Crime, Sentencing and Courts Bill (Fifteenth sitting)

Debate between Allan Dorans and Sarah Jones

Committee stage
Thursday 17th June 2021 Public Bill Committees

[Sarah Jones]

My hon. Friend makes an important point. We should remind ourselves of this: if I faced a crime, I would immediately call the police—they are the people I trust to fix it—but there are communities in our country who do not have that trust, and who do not think that calling 999 will help them, or keep them safe. We must act on that. Following Black Lives Matter and the death of George Floyd, the police in Croydon have reached out to the young black men in our community to try to build relationships. That is exactly what we should do, and it is something that all the national police organisations are looking to do.

The Library states that

“Available statistical analysis does not show a consistent link between the increased use of stop-and-search and levels of violence”.

I do not often point to the Prime Minister as an example of good practice, but in every year while he was Mayor of London, the number of stop-and-searches went down in London, as did violent crime. Interestingly, he was following a slightly different course from the one he now advocates as Prime Minister.

The College of Policing has concluded that stop-and-search should be used “carefully” in response to knife crime. The Home Office’s research found that the surge in stop-and-search during Operation Blunt 2 had

“no discernible crime-reducing effects”.

A widely cited study that was published in the British Journal of Criminology and analysed London data from 2004 to 2014 concluded that the effect of stop-and-search on crime is

“likely to be marginal, at best”.

The research found

“some association between stop-and-search and crime (particularly drug crime)”,

which I will come back to, but concluded that the use of the powers

“has relatively little deterrent effect”.

Most searches result in officers finding nothing. Officers found nothing, as we have talked about, in nearly 80% of searches in 2019-2020. Searches for drugs were more successful than average, with about 25% linked to an outcome.

The Prime Minister and the Home Secretary, when they talk about stop-and-search, talk about getting knives off the streets. However, the searches for offensive weapons and items to be used in burglary, theft or fraud were the least likely to be successful—9% were linked to a successful outcome. The results are even lower for pre-condition searches, or section 60 searches, as they are called, although the only reason officers can use the power is to search for a knife or an offensive weapon. This is a very stark statistic: in 2019-20, only 1.4% of pre-condition searches led to officers finding a knife or offensive weapon. Nearly 99% of searches did not find an offensive weapon, and obviously that has taken a huge amount of police time and resources.

In February 2021, Her Majesty’s inspectorate of constabulary and fire and rescue services published the findings of a review of 9,378 search records, 14% of which had recorded grounds that were not reasonable, and the inspectorate said the vast majority of search records had weak recorded grounds. There is a real lack of clarity on both the success of stop-and-search, and the Government’s messaging on it. They say it is to tackle knife crime and break the cycle of weapon carrying, in the interests of keeping our community safer, but actually the figures for finding a weapon are really low. The Government need to be clear about what the purpose of stop-and-search is. It seems to be that most of the positive results are in finding drugs, yet in communications they say it is about protecting families from the scourge of knife crime.

Around 63% of all reasonable-grounds searches in 2019-20 were conducted to find controlled drugs. HMICFRS says,

“The high prevalence of searches for possession of drugs…indicates that efforts are not being effectively focused on force priorities.”

What the Government do not talk so much about is the outcome of these searches; if only 20% last year resulted in an outcome, what were the Government doing with this data—what are the results? What are they doing to try to measure and improve outcomes?

It is, of course, imperative that we pass legislation to keep the public safe, but these measures are not a proportionate way of protecting the public. They risk further entrenching disparities, and there is little evidence that they would have the crime reduction impact that the Government intend. The worry is that introducing more stop-and-search powers without reasonable grounds will only serve to stoke division, and not necessarily have the intended outcome.

We have sought to amend clauses 139 and 140, and I will get to the amendments later, but first I want to set out a number of problems that could arise if these clauses were to become law. The inspectorate and the Independent Office for Police Conduct both raised concerns about reasonable grounds not being used or recorded properly. As the College of Policing recognises, requiring that objective and reasonable grounds be established before police can exercise their stop-and-search powers is key to their decision making. However, the serious violence reduction orders in these clauses will require no reasonable grounds or authorisation. When Nina Champion from the Criminal Justice Alliance gave evidence to this Committee, she said:

“Of course, we all want to reduce knife crime, but…We worry about these very draconian and sweeping police powers to stop and search people for up to two years after their release without any reasonable grounds. Reasonable grounds are an absolutely vital safeguard on stop and search powers, and to be able to be stopped and searched at any point is a very draconian move that, again, risks adversely impacting on those with serious violence reduction orders. For young people who are trying to move away from crime, set up a new life and develop positive identities, to be repeatedly stopped and searched, labelled and stigmatised as someone still involved in that way of life could have adverse impacts. It could also have impacts on the potential exploitation of girlfriends or children carrying knives for people on those orders. There could be some real unintended consequences from these orders.”––[Official Report, Police, Crime, Sentencing and Courts Public Bill Committee, 18 May 2021; c. 156, Q265.]

Many different organisations have raised concerns about the measures in clauses 139 and 140. When I have spoken to police officers about them, they say that the clauses almost came out of the blue; it does not seem that these clauses come from the police, and they do have concerns about how they will enforce them.

[Allan Dorans (Ayr, Carrick and Cumnock) (SNP)]

Does the hon. Lady agree with the Metropolitan Police Commissioner and me that stop-and-search powers used properly and effectively can save lives, especially among young black men?