Memorandum submitted by the Metropolitan
Police Authority
COUNTER-TERRORISM
IS A
TOP LONDON
POLICING PRIORITY
1. The Metropolitan Police Authority (MPA)
views the fight against terrorism as one of the top policing priorities
for the Metropolitan Police Service (MPS). London is a target
rich environment for terrorism both symbolically and economically.
To prevent, deter, disrupt and detect terrorist offences has therefore
become a major priority because it is recognised that there is
a significantly increased risk to London from potential terrorist
activities.
2. The policing strategies evolving from
this priority are directed first at developing further initiatives
to disrupt and deter terrorism, secondly to ensure that the response
to possible incidents will ensure successful prosecutions, and
thirdly to increase reassurance to the public.
SECTION 44, TERRORISM
ACT 2000
3. Under Section 44, a police constable
may stop and search vehicles, their occupants, and pedestrians
whom the officer reasonably suspects to be a terrorist to discover
whether the person is in possession of any article that can be
used for a purpose connected with the commission, preparation
or instigation of acts of terrorism.
4. As such, Section 44 gives police greater
capacity to intervene at the preparatory stage of an act of terrorism
as well as at the point of attack. The MPA takes the position
that it is important that police officers have the use of this
power in order that they can prevent and deter terrorist activity
and in doing so, protect the public.
THE USE
OF SECTION
44 IN LONDON
5. The following table shows the number
of stop and searches under Section 44 over the last five years
in London. Numbers for 2003-04 are incomplete as boroughs are
continuing to enter stops and searches onto the MPS database system.
TOTAL SEARCHES UNDERTAKEN IN LONDON UNDER
SECTION 44, TERRORISM ACT
SECTION 44(1)
| Financial year |
White | Black | Asian
| Other | Not
corded
| Vehicle
only
searched |
Total |
| FY 2003-04 | 6,520 | 1,272
| 1,654 | 646 | 182
| 4,155 | 14,429 |
| FY 2002-03 | 6,050 | 831
| 1,545 | 490 | 563
| 10,198 | 19,677 |
| FY 2001-02 | 1,759 | 229
| 353 | 114 | 46
| 1,140 | 3,641 |
| FY 2000-01 | 335 | 25
| 23 | 11 | 15 |
2,292 | 2,701 |
| FY 1999-2000 | 231 | 16
| 9 | 0 | 6 |
72 | 334 |
| | |
| | | |
|
SECTION 44(2)
| Financial year | White
| Black | Asian |
Other | Not
corded
| Total |
| FY 2003-04 | 3,772 | 408
| 728 | 303 | 20
| 5,231 |
| FY 2002-03 | 2,309 | 344
| 696 | 280 | 135
| 3,764 |
| FY 2001-02 | 287 | 33
| 107 | 38 | 10
| 475 |
| FY 2000-01 | 95 | 11
| 7 | 7 | 9 |
129 |
| FY 1999-2000 | 0 | 0
| 0 | 0 | 0 |
0 |
| | |
| | | |
6. Additional data provided by the MPS for the period
from 1 April 2003 to 31 October 2003 indicate there were 9,642
stops and searches under Section 44(1). Of these, 64% were White,
12% Black, 16% Asian and 5% Arabic or North African. From these
9,642 stops resulted just 105 arrests of which only two pertained
to terrorism. The majority of arrests related to drugs.
7. Since the Terrorism Act 2000 came into force, the
above table shows that 50,381 searches have been recorded for
the MPS under Section 44. The numbers will grow as more figures
are entered for 2004. It is apparent that the use of Section 44
has increased significantly since 2001, which may be attributed,
in part at least, to the increased perception of threat from suicide
bombers or other forms of terrorist activity.
OVERUSE OF
SECTION 44
8. As the Code A guidelines state:
The powers must not be used to stop and search for reasons
unconnected with terrorism. Officers must take particular care
not to discriminate against members of ethnic minorities in the
exercise of these powers. (Section 2.22, Code A)
9. However, the MPA Scrutiny Panel on the MPS's stop
and search practices (May 2004) concluded, based on its review
of the data and an extensive process of consultation with both
the police and community representatives, that the power is being
excessively and improperly used. The Scrutiny Panel agreed with
Lord Carlile, in his annual review of the operation of the Terrorism
Act (April 26, 2004) where he expressed similar concerns about
the police resort to these powers when they should have used other
stop and search powers instead.
10. Stop and search is universally recognised as a vital
policing tool in the detection and prevention of crime, particularly
when drug and arms related. Clearly, however, Section 44 powers
do not appear to have proved an effective weapon against terrorism,
and may be used for other purposes despite the explicit limitation
expressed in the Act and the Guidelines.
IMPACT OF
PRESENT USE
OF POWERS
ON COMMUNITIES
11. The MPA, through its Scrutiny Panel has heard powerful
evidence over the last few months from community witnesses particularly
from the Muslim community, with regard to the huge negative impact
of current practice under Section 44.
It has increased the level of distrust of our police; it
has created deeper racial and ethnic tensions against the police;
it has trampled on the basic human rights of too many Londoners;
it has cut off valuable sources of community information and intelligence;
it has exacerbated community divisions and weakened social cohesion.
DIRECTIONS FOR
THE FUTURE
12. The MPA has recommended, inter alia, closer
monitoring of stop and search by the MPS, further training of
police officers, and work to establish constructive partnerships
with communities as part of a reassurance strategy. Section 44
should be used in a proper and targeted fashion and much more
closely monitored. The MPA has also recommended to the Home Secretary
that:
(i) he ensure, in the spirit and intent of Recommendation
61 of the Macpherson Report, that all stops and searches be recorded
and collected, including those undertaken under Section 44 of
the Terrorism Act 2000, and that this data be broken down on ethnic
lines and be placed in the public domain;
(ii) he provide clarification on people's right to
complain if they have been mistreated under all statutory provisions,
including Section 44, and that such information is placed in the
public domain and accessible to all who require it.
June 2004
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