A/HRC/41/54/Add.4
46.
Para 42 - Data quoted in the report on stop and search and arrests is accurate but does
not quote the most recent data. Government reforms have led to stop and search being more
intelligence-led and targeted. The arrest rate from stop and search one indicator of its
effective use is at historic highs at 17% and 30% of searches lead to a positive outcome. It is
clear that nobody should be stopped and searched on the basis of their race or ethnicity and
the use of these powers should be fair, proportionate and legal. Her Majesty's Inspectorate of
Constabulary and Fire & Rescue Services (HMICFRS) continues, as part of its annual
inspections, to inspect the fair use of said powers by police forces. The Government’s Best
Use of Stop and Search scheme, to which all police forces in England and Wales are signed
up, requires forces to have in place policies to allow local communities to observe the use of
stop and search and to have a complaint policy requiring the police to explain to local
community scrutiny groups how the powers are being used where there is a large volume of
complaints.
47.
In Scotland, An independent review of the first six months of the Code of Practice on
Stop and Search concluded that the rate of searches declined across all ethnic groups. The
positive detection rate of searches increased across all ethnic groups, which suggests that
Police Scotland is focusing searches more effectively. A fuller 12 month review is being
undertaken and will look at (among other things) any concerns about how stop and search
powers are being used on people from minority ethnic groups. Police Scotland’s Management
Information, which is published on its website, covers robust data on stop and searches of
persons not under arrest. These data are broken down by ethnicity/national origin, including
Gypsy/Travellers. The publication of these data makes stop and search more open and
transparent to the public.
48.
The SR notes concerns about deaths of ethnic minorities in police custody. The
Ministerial Board on Deaths in Custody has been overseeing a far-reaching work programme
to implement the Government response to Dame Elish’s Independent Review of Deaths and
Serious Incidents in Police Custody, published in 2017. The Government is clear that all
detainees, regardless of ethnicity, should have their rights and welfare protected in police
custody. The research report commissioned by Dame Elish to support her review did not find
evidence of racial disproportionality for the number of deaths in police custody or the number
of deaths in which restraint was a cause of death over the time periods considered.
49.
The UK Government rejects any suggestion that deaths in custody are not investigated
properly. By law, all deaths or serious injuries that occur in police custody, during or
immediately following contact with the police in England and Wales must be referred to the
IOPC and there are clear processes in place for independent investigations, as well as due
processes for consideration by the Coroner and the courts, as appropriate. Further, the Home
Office has legislated to strengthen the Independent Office for Police Conduct and the police
discipline regime and is working to implement further reforms this year.
50.
A review of the International Evidence on Deaths in Police Custody was
commissioned to examine any international patterns that may be emerging or of assistance
to the review. International evidence (2017) found that police use of restraint against
detainees was identified as a cause of death by post-mortem reports in 10 per cent of deaths
in police custody between 2004/05 and 2014/15. The proportion of deaths in police custody
in which restraint was a cause of death was similar across White and BAME backgrounds
(10% and 11% respectively). The report also notes that around 9 out of 10 (87% of 238) of
those who died in police custody between 2004/05 and 2015/16 were from a White ethnic
background. Those from a Black background, the next largest ethnic group, made up 6 per
cent of deaths (14 out of 238).
51.
As noted in the report, from 1 April 2017, all police forces across England and Wales
commenced recording a broad range of use of force data including the reason force was used,
injury data, the gender, ethnicity and age of the subject involved, and the location and
outcome of the incident. The publication of data on officers’ use of force provides
unprecedented transparency and accountability. It is important in ensuring police forces are
held to account and that the public are better informed about the types of force being used
and the context in which it occurs. In the longer term, it will also provide an evidence base
to support the development of tactics, training and equipment to enhance the safety of all. It
10
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents