Tag: Police powers

This report of HMICFRS examines key data on the use of stop and search by police and investigates the implicit bias that may underpin the use of this power.  The report lays out the disproportionality that exists in police treatment of BAME people compared to White people, placing the onus on police to provide evidence-based explanations for the discrepancies observed and to better monitor, train and educate officers around this topic.

The updated guidelines were published following the publication of the Attorney General’s Review of the efficiency and effectiveness of disclosure in the criminal justice system in 2018 which highlighted significant concerns about the disclosure process. Its recommendations included encouraging earlier engagement between the prosecution and defence, harnessing the use of technology and effecting culture change. These guidelines attempt to address these and other systemic issues.

The Home Office have published their response to the ‘Police Powers: Pre-charge Bail’ consultation paper. In their response the Government acknowledge the failings of the regime introduced by the Policing and Crime Act 2017 and the need for change.

This Commons Library briefing provides an overview of the current police stop and search powers, outlines evidence which has been gathered to measure the effectiveness of these powers at reducing and detecting crime and sets out a brief history of recent stop and search reforms.  Whilst the report does not specifically deal with the impact of this power on children, it is clearly a police practice which affects them significantly.

The Court of Appeal have rejected a Divisional Court ruling that where a police officer held an honest belief that he was in imminent danger, there could be no inquiry in misconduct proceedings as to whether that belief was reasonable.

State of Children’s Rights 2018, Children’s Rights Alliance England, published March 2019 The Children’s Rights Alliance England (CRAE) have published their annual report on the state of children’s rights in England and Wales. Details The report concludes that the way children in conflict with the law are treated is still in need of urgent reform. […]

The Police Foundation have published a report on some of the complex legal issues surrounding sexting. The report examines the law, crime recording rules and practices and questions whether there is a case for change.

The Home Office has published a concordat on children in custody, preventing the detention of children in police stations following charge. The concordat aims to clarify the legal and statutory duties of the police and local authorities. The Police and Criminal Evidence Act 1984 requires the transfer of children who have been charged and denied bail to more appropriate Local Authority accommodation, with a related duty in the Children Act 1989 for Local Authorities to accept these transfers.

The Lammy Review is an independent report into the treatment of and outcomes for Black, Asian and Minority Ethnic (BAME) in the criminal justice system. The Lammy Review highlights the current failings of the youth justice system and makes a number of important recommendations on how best to redress the disproportionate representation of BAME young people in the criminal justice system.

The European Court of Human Rights found that a child was subjected to “degrading” treatment contrary to Article 3 of the European Convention on Human Rights (ECHR) by being kept handcuffed and wearing just his underwear for at least two and a half hours and, subsequently, by being placed in a cell with adult detainees for three days.

Changes to pre-charge bail came into force on the 3 April 2017. Pre-charge bail is now set at an initial 28 day limit, previously there had been no limit. These changes are part of a number of provisions being brought into force in stages by the Policing and Crime Act 2017 (PCA 2017) which received royal assent on the 31st January 2017.