Stop & Search (3)

Meeting: 
MQT on 2013-01-30
Session date: 
January 30, 2013
Reference: 
2013/0354
Question By: 
Joanne McCartney
Organisation: 
Labour Group
Asked Of: 
The Mayor
Category: 

Question

How many complaints have the MPS received in each of the past 5 years in relation to stop and search? Please provide any details held on the category of such complaints eg rudeness, repeated stopping?cc

Answer

Answer for Stop & Search (3)

Answer for Stop & Search (3)

Answered By: 
The Mayor

Officers are drafting a response which will be sent shortly.

Written response received on 13/03/13.

Over the past 5 years 3,937 complaints have been received by the MPS in relation to stop and search, this represents less than 0.2 per cent of all stops and searches conducted during this period.

The table below provides details of the total number of complaints broken down according to the Independent Police Complaints Commission's categories.

• 33 per cent were for Breach of Code A (Police And Criminal Evidence Act); • 17 per cent for Incivility; • 16 per cent for Assault; and• The remaining allegations were spread out over a further 19 Categories.

This information is published on the MPS website on a monthly basis as part of the Borough Support Management Information (BSMI) report (p9): http://www.met.police.uk/foi/units/directorate_professional_standards.htm

Allegations by Allegation Category

 

IPCC Categories

Year Recorded

Allegation Category

2008

2009

2010

2011

2012

Total

Breach Code A PACE

241

243

286

309

250

1329

Breach Code B PACE

3

1

3

2

1

10

Breach Code C PACE

11

4

6

6

4

31

Breach Code D PACE

2

1

1

1

 

5

Corrupt practice

3

6

1

2

2

14

Discriminatory Behaviour

63

57

53

44

59

276

Improper disclosure of information

1

2

2

3

2

10

Incivility, impoliteness and intolerance

194

138

119

112

113

676

Irregularity in evidence/perjury

8

3

4

2

7

24

Lack of fairness and impartiality

9

3

6

8

3

29

Mishandling of property

31

31

21

27

33

143

Multiple or unspecified breaches of PACE

1

 

 

 

 

1

Oppressive conduct or harassment

51

 

59

52

46

47

255

Other

9

6

5

2

2

24

Other assault

173

125

114

132

85

629

Other irregularity in procedure

10

 

11

8

6

11

46

Other neglect or failure in duty

60

56

48

49

56

269

Other sexual conduct

1

 

1

 

 

2

Serious non-sexual assault

1

5

3

3

6

18

Sexual assault

4

4

5

3

5

21

Traffic irregularity

1

 

2

 

2

5

Unlawful/unnecessary arrest or detention

35

22

17

19

27

120

Grand Total

912

777

757

776

715

3937

 Allegations - Are an interpretation of officer/staff behaviour at the incident. The conduct alleged is categorised by IPCC Statutory Guidance into 'Categories'. There can potentially be multiple allegations on one incident. Allegations are counted against the borough of incident.

The Police and Criminal Evidence Act 1984 and the PACE codes of practice provide the core framework of police powers and safeguards around stop and search, arrest, detention, investigation, identification and interviewing detainees.

Code A Deals with the use by police officers of statutory powers to search a person or a vehicle without first making an arrest. It also deals with the need for a police officer to make a record of a stop or encounter.

Code B Deals with police powers to search premises and to seize and retain property found on premises and persons.

Code C Sets out the requirements for the detention, treatment and questioning of suspects not related to terrorism in police custody by police officers.

Code D Concerns the main methods used by the police to identify people in connection with the investigation of offences and the keeping of accurate and reliable criminal records.

N.B Codes A, B and D came into effect after midnight on 6 March 2011Code C came into effect after midnight on 31 January 2008