CAT/OP/GBR/CSPRO/1
for conducting a stop and search. In particular, Code A states that stop and search powers
must be used fairly, respectfully and without unlawful discrimination, under the Equality Act
2010. Reasonable grounds for searches can never be based on any protected characteristics,
generalisations or stereotypes and local scrutiny panels ensure compliance with Code A
through monitoring data sets, checking reasonable grounds and/or reviewing of BWV. The
Home Office publishes force-level data on stop and search, including racial disparities, which
can be used to increase accountability. The College of Policing recently updated their
guidance on stop and search, to further ensure fair and proportionate use of these powers and
provide better practice to forces on community engagement and scrutiny. The Home Office
is working with HMICFRS and forces to monitor uptake of the updated guidance.
60.
Police custody is governed by Code C of PACE which sets out the legal framework
for the detention, treatment and questioning of persons by police officers. The operational
management of custody suites is also carried out in accordance with the Authorised
Professional Practise (APP) requirements as set by the College of Policing. As for Code A,
Code C states that powers and procedures available to custody officers must be used fairly,
without unlawful discrimination and in line with the Equality Act 2010. The integrity of
police custody is maintained via HMICFRS unannounced visits and regular visits from the
Independent Custody Visitors’ Association (IVCA), who make unannounced visits to police
custody to check on the rights and wellbeing of detainees. Independent custody visiting is
one of the means to assess the UK’s commitment to OPCAT. Both HMICFRS and ICVA
keep the Home Office fully informed on their visits and findings. The Home Office is
currently working with the National Police Chiefs’ Council (NPCC) to improve the processes
by which data on use of powers and procedures in police custody is shared and published, to
increase transparency and understanding.
61.
Section 24 of PACE give constables in England and Wales a power of arrest for all
offences. It sets out two criteria that a constable must meet before carrying out an arrest: they
must have reasonable grounds to (i) suspect an individual of having committed or be about
to commit an offence and (ii) believe that the individual’s arrest is necessary. The reasons for
which arrest may be necessary include preventing personal injury or damage to property and
to allow the prompt and effective investigation of the suspected offence. The exercise of the
power is governed by Code G of PACE which, as for other PACE Codes, states that powers
of arrest must be used fairly, without unlawful discrimination and in line with the Equality
Act 2010.
Scotland
62.
Intelligence-led stop and search is a valuable and effective policing tactic and
contributes to the prevention, investigation and detection of crime while keeping people safe
and improving community well-being.
63.
Police Scotland’s stop and search data is reported on per local authority area. Police
Scotland officers understand victims of crime and the wider public have an expectation that
officers will use the powers available to them, including stop and search where necessary, to
bring offenders to justice. They also recognise that stopping and searching people is a
significant intrusion into their personal liberty and privacy and they remain committed to
ensuring that all stop and search activity is carried out in a lawful and proportionate way and
that people are treated with fairness, integrity and respect.
64.
Police Scotland record data and carry out analysis to ascertain any disproportionality.
They liaise with local divisions ensuring robust governance through first line managers,
checking every single stop and search submitted to the database and then their National Stop
and Search Unit carries out further review. Their stop and search processes follow the Code
of Practice on Stop and Search and which have been approved by an Independent Advisory
Group and the Scottish Police Authority.
“b) tackle the disproportionate use of restraint on individuals from ethnic minorities;”
England and Wales
65.
We are committed to ensuring that prisons, young offenders’ institutions and other
custodial establishments safeguard the public as well as protecting the rights and dignity of
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