Developing fair and effective police stop and search powers
Submitting Institution
King's College LondonUnit of Assessment
LawSummary Impact Type
LegalResearch Subject Area(s)
Studies In Human Society: Criminology, Policy and Administration
Law and Legal Studies: Law
Summary of the impact
Safety and liberty — public goods delivered by the police — are important
to every individual and essential to a civilised society. Professor
Bowling has led a programme of theoretical and empirical research on the
police power to stop and search people in public places, an important but
controversial aspect of law enforcement. His research has clarified the
meaning of fair and effective policing, and provided solutions to
identified problems of disproportionality and transparency. Through his
engagement with the Equality and Human Rights Commission (EHRC), police
forces, civil liberties groups and communities, Professor Bowling's
research has informed public understanding, enhanced police accountability
and contributed directly to the improvement in police stop and search
practices, thereby enhancing community safety and protecting fundamental
human rights and civil liberties in the UK.
Underpinning research
After the publication of the Macpherson report in 1999, public policy
debate on stop and search reached an impasse. The debate was polarised
with police arguing on pragmatic grounds that disproportionality was not
indicative of institutional racism, but an inevitable product of
differences in crime rates among different ethnic groups and their
concentration in the places and at the times that stop and search is
carried out. Reformers in turn argued that disproportionality was
unacceptable in principle and indicative of discriminatory police
practice.
Bowling's research addressed these issues, starting with a research
monograph [1] submitted to the Stephen Lawrence Inquiry in 1999. This
examined the organisational culture and practices of policework, and set
out the theoretical basis for understanding institutional racism in
policing. The monograph was quoted during Inquiry hearings and cited in
the report as making an `important contribution' to the Inquiry's
understanding. Bowling subsequently co-authored the first significant
textbook on race and policing [2].
In 2007 Bowling published two key articles. The first co-authored article
[3], an innovative analysis of statistical data, demonstrated
decisively—for the first time in a peer-reviewed law journal—that the
disproportionate impact of stop and search on black and ethnic minority
communities amounted to direct and indirect discrimination. The second
article [4], an invited lecture to the prestigious Stockholm Criminology
Symposium in 2006, drew on theoretical and empirical research findings to
develop a process, captured by Bowling's concept of `good enough
policing', through which police and public could agree on standards of
fairness and effectiveness acceptable to both. This concept, coined by the
author, has subsequently been taken up and attributed to Bowling by other
academics (e.g. Mike Hough, `Procedural justice and professional policing
in times of austerity.' Criminology and Criminal Justice (2013 13
(2) 181-197)).
References to the research
(available from King's College London on request)
1. Bowling, B. (1999) Violent Racism: victimization,
policing and social context. Oxford: OUP. Favourably
reviewed in the Howard Journal; British Journal of Criminology;
Journal of Forensic Psychiatry; Policing and Society;
International Journal of the Sociology of Law; Criminal Justice; Journal
of Civil Liberties; International Review of Victimology), and widely
cited by other researchers (>260 citations).
2. Bowling, B. and Phillips, C. (2002) Racism, crime and
justice. London: Longman. Widely cited by other
researchers (>265 citations). A review in Criminal Justice
complimented the `comprehensive critical analysis' of the work.
3. Bowling, B. and Phillips, C. (2007) `Disproportionate and
Discriminatory: Reviewing the Evidence on Stop and Search', Modern
Law Review 70 (6) 936-961. The MLR is a leading
peer-reviewed journal. Widely cited by other researchers (>72
citations) including Clive Walker's Terrorism and the Law (OUP
2011) and citations in the British Journal of Criminology and the
Cardozo Law Review.
4. Bowling, B. (2007) `Fair and effective police methods: towards
`good enough' policing', Scandinavian Studies in Criminology
and Crime Prevention Vol. 8/S1 pp17-23. Cited inter
alia in the leading journals Theoretical Criminology, Policing
and Society and Criminology and Criminal Justice.
Details of the impact
Since 2008, Bowling's research has contributed to public debate on stop
and search and has made a wide-ranging substantial impact on police policy
and practice. Through his engagement with policymakers and his
contribution to the EHRC's ground-breaking report Stop and Think
in 2010 [6], Bowling's research has contributed materially to a change in
behaviour by some of Britain's worst offending police forces. The
beneficiaries include (i) the EHRC, (ii) UK police forces, (iii) members
of minority communities, and (iv) the general public, through fairer, more
efficient, effective and economical use of police power.
The impact of Bowling's research builds on a foundation of more than a
decade of public engagement in this field. He has disseminated research
findings widely in professional journals, national newspapers, radio and
television broadcasts and public lectures to various audiences including
senior police officers. He has been a member of, or advisor to, numerous
local, national and international bodies including the Metropolitan Police
Racial and Violent Crime Task Force (1999-2001), the UN World Conference
Against Racism (2001), Home Secretary's Stop and Search Community Panel
(2004-8) and the Home Affairs Select Committee (2006-7). His research was
cited in key policy documents including the 2005 APCO Stop and Search
Manual and he has written expert witness opinions in stop and search
cases.
Stopwatch-impact on public debate. In March 2010 Bowling, with
others, identified the need for a vehicle to disseminate research on stop
and search. Funded by the Open Society Foundation, Bowling organised a
conference at King's College London entitled `Where Now for Stop and
Search' chaired by cross-bench peer Lord Victor Adebowale. More than 100
people attended, including leading academics, lawyers, police chiefs, the
Independent Police Complaints Commission, Liberty, Association of Police
Authorities and civil society groups. Building on the momentum of the
conference, Bowling co-founded and launched StopWatch (www.stop-watch.org),
a coalition of researchers, policy-makers, lawyers and young people
working for fair and effective policing. The launch of StopWatch at King's
College London by the Reverend Jesse Jackson in October 2010 was attended
by over 200 people and widely reported in national and international news
media [14]. Bowling is an active contributor to the organisation, chairing
meetings, drafting documents and delivering keynote speeches at various
events [9, 13].
Today, StopWatch plays a significant role in informing and shaping public
debate using research evidence and working directly with the police to
help improve their use of stop and search. It has used a variety of
innovative mechanisms, including a theatre play (performed at Catford
Broadway Theatre 26 April - 27 May 2012 and positively reviewed in the
national press including The Times, Sunday Times and Time Out [14]) and
video and flash mobs (>4,000 hits) produced by young people to
stimulate discussion about alternative ways to achieve good policing. The
theatre play, for example, concluded with Q&A sessions to engage the
audience with researchers in the field (including Bowling), police
officers and the cast.
In the last three years StopWatch, has grown to become a coalition of 75
organisations and individuals. It undertakes legal and policy analysis,
political advocacy and supports litigation. It drafts fact-sheets and
policy briefings, submits evidence to national and international
organisations and contributes articles to national newspapers, all of
which are available on its dynamic and interactive website [9, 13]. A
national journalist describes StopWatch as `one of the most proactive and
prominent community advocacy groups working in this field' and its
advocacy as `credible and sober' [11].
Impact on police practice. In 2009-10 the EHRC appointed Bowling
as its sole external advisor to a major project aiming to reform police
stop and search. Working closely with the EHRC, Bowling indicated sources
of data, scrutinised the use and interpretation of that data, and helped
the Commission to draw conclusions and to develop a robust narrative.
According to a senior EHRC official, Bowling's research [3, 4] provided
the foundation for the approach taken in the report that
disproportionality in stop and search was de facto indicative of unlawful
racial discrimination thereby giving the EHRC the confidence to proceed
against offending police forces on this basis [8]. Moreover Bowling's
concept of `good enough policing' provided the EHRC with the conceptual
framework required by it to work constructively with offending police
forces [8]. In addition to providing the report with its underpinning
conceptual foundation and framework, Bowling's research is drawn on
extensively in the final report [6], including seven direct references and
explicit acknowledgement of Bowling's contribution. Stop and Think
concludes with a `vision of `good enough' policing', thereby placing
Bowling's concept at the heart of the analysis and advocating a method of
engagement inspired by this approach [8].
Following its publication in April 2010, the impact of the EHRC report
has been wide-ranging and significant. Based on the report's findings, the
EHRC entered into negotiations with five poorly performing police forces,
initiating legal enforcement action against two forces using its powers
under the Equality Act 2006. Following negotiation with the EHRC, and the
implementation of training and development packages based on Stop and
Think, all five forces committed to take steps to improve their stop
and search practice. Their progress was tracked by the EHRC and reported
in its follow up report, Stop and Think Again, published in May
2013 [7] and widely reported in the UK press. This report shows that in
all police forces targeted by the EHRC, levels of disproportionality fell
and the `hit-rate' for stops rose. Use of the power fell in all five
forces by between 20% and 50% concurrent in some forces with downward
crime trends. Senior officers from both the EHRC and the police
acknowledge Bowling's significant contribution to this result [8, 12].
In March 2011, the government introduced changes to the Police and
Criminal Evidence Act (PACE) Code of Practice A allowing police forces
discretion to choose whether or not to record `stop and account'
(introduced following the Lawrence Inquiry). Bowling worked with StopWatch
to produce a briefing note, based on his research [3, 4], arguing that the
evidence showed that recording was important to inform people why they had
been stopped and hold the police to account [10]. This was submitted to
the Metropolitan Police Authority consultation and Bowling spoke at the
hearing. The consultation concluded that recording was important for
fairness, effectiveness, transparency and accountability and
overwhelmingly supported by the public. Following this intervention, the
Metropolitan Police decided to continue to record stop and account.
In recent months there have been welcome new developments. In July 2013,
the Home Secretary launched a public consultation on use of stop and
search powers. Reporting on this announcement, the BBC referred to Stop
and Think Again noting that the reduction in stop and search as
reported by the EHRC had not compromised crime reduction [14]. The Home
Secretary's announcement foreshadowed the release of a report by Her
Majesty's Inspectorate of Constabulary (HMIC) later the same month on the
use by police of stop and search powers. This report cites both EHRC
reports and a senior officer within the HMIC confirms that the HMIC's
thinking in preparing its report had been influenced by the 2010 EHRC
report and Bowling's research in particular [12].
Sources to corroborate the impact
-
The Stephen Lawrence Inquiry Report (1999) (also known as the
Macpherson Report); http://www.archive.official-documents.co.uk/document/cm42/4262/4262.htm.
Bowling's work was cited at §6.33 Volume 1 and Volume 2, Appendix 17.
-
Equality and Human Rights Commission (2010), Stop and
Think. London. Bowling's contribution is cited on pages
4, 54, 57, 71.
-
Equality and Human Rights Commission (2013), Stop and
Think Again. This corroborates significant improvements in
police practice resulting from the EHRC's engagement with police forces
following the Stop and Think report.
-
Statement from the Public Services Director, EHRC, who
corroborates Bowling's key contribution to the EHRC report Stop and
Think, including the report's extensive use of Bowling's research
and that his concept of `good enough policing' forms the report's
conceptual basis.
-
Statement from Programme Officer, Open Society Justice Foundation,
who corroborates the significant contribution by Bowling to the
establishment of StopWatch and his continuous and ongoing contribution to
StopWatch as a key and active member and contributor to its activities.
She also corroborates and provides details of the role played by
StopWatch, including bringing research findings into the public debate.
-
2011 Stopwatch paper on `stop and account', which corroborates
the contribution of StopWatch to the debate as to whether to change police
recording practices.
-
Statement from Crime Correspondent, The Guardian, who says
that StopWatch plays a leading role as a stop and search community
advocacy group and corroborates the key contribution made by Bowling
including attributing his work to helping to bring about a change in
government attitude.
-
Statement from the Inspector of Constabulary, HMIC, who
corroborates that in preparing its recent report on stop and search (July
2013) the HMIC's thinking had been informed by the EHRC reports and
Bowling's research in particular and that the EHRC's approach as informed
by Bowling's research has contributed to making the police use of stop and
search fairer, more efficient and more effective.
-
Statement from former chair of the Home Secretary's stop and
search panel, chair of the StopWatch founding conference at King's and
current member of the House of Lords who corroborates the impact of
StopWatch generally, and Bowling's research and activities specifically,
in shaping public policy debate and helping the police make fairer, more
economical and effective use of its powers of stop and search.
-
Media coverage: includes the BBC, The Guardian, South Florida
Times, New Zealand Herald, Fox News, Time Out, Southwark News, BBC London,
Colourful Radio, London Tress, The Times, and the Sunday Times. A full
list of media coverage and reviews relating specifically to the theatre
play can be found under http://www.stop-watch.org/about-
us/stream-of-work/stop-search-the-play.