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Thursday, 20 January 2011 02:29

Human rights and policing – have your say Featured

Written by Northern Ireland Policing Board
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The Policing Board have provided the following article as a means of creating discussion around community policing and human rights. Fair Cop is an independent site and its goal is to provide a forum in which community members can talk to and debate with key figures like Assistant Chief Constable Kerr and David Ford.

 

Whilst you are entitled to have your human rights protected, you must also respect other people’s human rights and there may be occasions when the government or police are justified in interfering with, or restricting, your rights.

The Police Service of Northern Ireland (PSNI) has an important role to play in protecting and upholding the human rights of all members of the public: how well do you think it carries out this task?

How well the PSNI protects and upholds people’s human rights is something the Northern Ireland Policing Board (the Policing Board) is required to assess on an ongoing basis. Recently the Policing Board carried out a review into policing with children and young people from a human rights point of view. As part of that review the Policing Board considered:

•    the policing of anti-social behaviour, including anti-social behaviour orders (ASBOs) and a consideration of whether personal details of those involved in anti-social behaviour should be published in the media (a practice known as ‘naming and shaming’);

•    police practice regarding the dispersal of groups of young people, public order and crowd control, stop and search and other powers to control the activities of children and young people; and

•    alternative ways in which young people can be held accountable if they have committed a crime (as opposed to being brought before a court and prosecuted), for example, referral to a community restorative justice scheme. ‘Restorative justice’ is where a person who has caused harm is made to acknowledge that they have done wrong and they must make amends to the victim. This contrasts with the traditional method of ‘catching and convicting’ people who have committed crimes which focuses on guilt: this does not necessarily make the guilty person see the error of their ways; and it does not take into account the needs or wishes of the victim.

The reason the Policing Board chose to include anti-social behaviour in its review was because many people wrongly assume that it is mostly young people who are responsible for anti-social behaviour: the Policing Board wanted to challenge that opinion and show that this is an unfair stereotype.

As part of the review process the Policing Board considered the report* and film* created by Achieve Enterprises, in association with the Institute for Conflict Research, which highlighted the experiences of young people from across Northern Ireland and recorded their views about how policing might be improved.  That research found that although some young people experience what they believe to be hostility and stereotyping from the police, many of those young people believe the police have improved in recent years.

The Policing Board has today reported* on the findings from its human rights review of policing with children and young people. In the report the Policing Board highlights areas in which police practice could be improved but it also recognised substantial work the PSNI has carried out to ensure that the best interests of children and young people are at the heart of policing strategies.

In the upcoming months the Policing Board will discuss the findings of its human rights review with the PSNI who will then take steps to improve its service delivery to children and young people. To assist with these discussions the Policing Board welcomes your views on human rights and policing: do you think the police protect the human rights of everyone in Northern Ireland in an equal and fair manner? What are your experiences of policing? Have you any suggestions as to how the police might go about improving the service they provide for children and young people?

Beyond the Margins

View/download the report

View in video part 1, part2, part 3,

 

Last modified on Tuesday, 25 January 2011 19:00

23 comments

  • Comment Link kevin hyndman Thursday, 27 January 2011 18:25 posted by kevin hyndman

    walking up the new lodge rd last nite after a nite out with my mate and cops stop me and search me for no apparent reason not happy cant go go out for a drink without this happening

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  • Comment Link Barry Jones Thursday, 27 January 2011 19:57 posted by Barry Jones

    I know what you mean Kevin, I'm also from north Belfast and its something that has happened to me, I don't think its right and hope one day they do away with it.

    Great to see someone on talking about this

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  • Comment Link Paul Smyth Sunday, 30 January 2011 11:42 posted by Paul Smyth

    Kevin - did you ask why they were stopping you? You have the right to do this - and to ask which power they are using to do so.

    I agree with Barry - it is vital that people speak up about this and we have a proper discussion. One of the powers used - Section 44 - is to help prevent terrorism - so it is difficult to see how stopping people coming back from the pub is likely to do this!

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  • Comment Link psniards Sunday, 30 January 2011 22:46 posted by psniards

    Kevin as Paul states you are entitled to know the reasons for the search and powers being used whether Terrorism or drugs legislation or PACE Stop and Search (offensive weapons, stolen items). A record of your search should also be available and you can contact the local Police Station and ask for a copy.

    Stop and search is an important tool to Police in prevention of crime and terrorism but it is important that it is used appropriately and the reasons properly communicated. Don't be afraid to ask the officer.

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  • Comment Link kevin hyndman Monday, 31 January 2011 02:36 posted by kevin hyndman

    PSNIARDS, Paul and Barry, thanks for commenting on this, I live in Ardoyne but was walking up the New Lodge that night, I don't really have an understanding of what it is the Police can do when they pull you over to search(don't know the laws), more than anything I was P-off because it happened and yes Paul I was coming home from a night out, still my thinking is that because I'm from Ardoyne/North Belfast that I'm picked on, because of the history, the whole terrorism thing is over my head. Are residents of North Belfast Terrorists? or east, south etc.. for that matter?

    PSNIARDS - "A record of your search should also be available and you can contact the local Police Station and ask for a copy." I never new this, Maybe offices should tell who they pull over that they can get a copy of this at the station?

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  • Comment Link paul Monday, 31 January 2011 09:14 posted by paul

    Good points Kevin - stopping people without clear justification is counter-productive when the police service says it wants to police with the community. Respect is a two-way street - and it is unlikely people will respect the police if they feel that they are being stopped for no other reason than their postcode. It would be interesting to see how the local station would react if you asked for a record of the stop-and-search. Let us know if you do this.

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  • Comment Link PSNIARDS Monday, 31 January 2011 20:23 posted by PSNIARDS

    Kevin you should be told your entitlement by the searching officer.

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  • Comment Link Mark Mulholland Tuesday, 01 February 2011 17:30 posted by Mark Mulholland

    Can more information in terms of recruitment be made available? I was fortunate to be able to listen to 2 police officers give a talk at my school today and the information on the JoinPSNI website isn't very good, More information on the recruitment/training and a very real description of the level of threat to an officer's personal safety would be very beneficial to those looking into the PSNI as a career. :)

    Thanks.

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  • Comment Link kevin hyndman Monday, 14 February 2011 11:51 posted by kevin hyndman

    another nite out in the local bar on friday nite with friends and again spoiled by two cops stoping us again. when they ask for my name i ask y were we being stoped they didnt tell us so we give r name and address to them and tht was it but before they went i ask a question." if i call in to the police station 2marro would there be a report writ up on y i was stoped" the police mans answer was NO so how can u get information on y u get stoped?

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  • Comment Link Liz N Tuesday, 15 February 2011 16:29 posted by Liz N

    Kevin,

    Did the police in question search you? If you are stopped and searched you are entitled by law to a record of your search, which you can pick up at the police station. Not positive if this is the case if you are simply stopped, but I will look into it.

    Also, if you are stopped and searched you are NOT obliged to give your name and address. This is a common misconception. While it probably does no harm to give it and generally might make the encounter smoother, you are not required to do so. Again, I will look into this as regards simply stopped, for the police to ascertain your movements and your presence in an area - I think they are allowed to in that case.

    This highlights how little of information is public knowledge - in my opinion the PSNI should be more proactive in making sure people know their rights.

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  • Comment Link kevin Wednesday, 16 February 2011 13:48 posted by kevin

    liz the first time i got stoped they didnt tell me anything about y i was stoped and so i went into the local station and ask for a report on y i was searched me and surprise surprise there wasent 1 there so wats tht all about!!

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  • Comment Link WillSmith Thursday, 17 February 2011 12:52 posted by WillSmith

    Hi! I'm just wondering if i can get in touch with you, since you have amazing content, and i'm thinking of running a couple co- projects! email me pls

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  • Comment Link Liz N Tuesday, 22 February 2011 11:47 posted by Liz N

    Will,

    The email address you left didn't seem to be valid - please email me on liz@faircop.org

    Thanks!

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  • Comment Link Liz Wednesday, 23 February 2011 12:35 posted by Liz

    Kevin
    Did you get the name or badge number of the officer who stopped you? As well as the date and time? You could try going down to the station again and asking for it.

    I suppose it's possible he hadn't made a report yet, or maybe I'm being overly optimistic in this particular case.

    Can anyone else out there offer any insight or guidance on an instance like this?

    It's important that cases like this are highlighted and that people are aware of what they should be able to expect if they are stopped and searched.

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  • Comment Link PSNI Ards Tuesday, 01 March 2011 19:50 posted by PSNI Ards

    Under Sect 21 Justice and Security Act 2007 we can ask for identity and movements, this isn't a search. Under Sect 24 we can search for the purpose of ascertaining whether someone has munitions unlawfully with him/her or wireless apparatus with him/her. A Form Pace 1/TA should be completed and you are entitled to a copy which you should be able to obtain from the local station. The officer should provide their shoulder number for identity at the very least.http://www.legislation.gov.uk/ukpga/2007/6/contents

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  • Comment Link PSNI Ards Tuesday, 01 March 2011 20:19 posted by PSNI Ards

    Art 3 PACE NI Order 1987 also give us the power to search, if reasonable grounds exist, for certain articles such as stolen items. You should be informed of the grounds for the search, for what we are searching, the identity of the officer searching, the station to which officer attached to and entitlement re a record.

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  • Comment Link kevin Monday, 14 March 2011 14:35 posted by kevin

    well wasn't given any reason or report for being stoped and searched i called into three local stations and ask for the report and was told they never had a clu wat i was on about. Why?

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  • Comment Link kevin Tuesday, 31 May 2011 01:49 posted by kevin

    hey just in from a nite out wif a gd friend and walking down my street and the cops r searching three guys and i get my phone out and record 1 cop walks over and says i live here and i dont want to be recorded i say is it an offence and he says no but the main part of the story is i wasn't allowed to record the cops searching ppl!! is it allowed or not ?

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  • Comment Link Elizabeth Nelson Thursday, 09 June 2011 15:55 posted by Elizabeth Nelson

    Hi Kevin

    To my knowledge it is not offense - sometimes the police will seize equipment or tell people not to record under terrorism legislation, but again I don't think it is strictly illegal to record a search. I will definitely look into this and let you know.

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  • Comment Link quinnus Wednesday, 14 September 2011 17:46 posted by quinnus

    hi all.first time here.went to a local hotel last week and was asked that my luggage be searched.i refused and was told that my booking could be cancelled.was told they where searching for alcohol in my bag.surely if i pay £135 for a room for a night i should be able to have a beer in that room.i understand that its not the done thing to wander round the hotel wif a tennants in my hand but if i pay for a room then is the room not minee to do what i want in it for that night.obviously not trashing the room but being able to sit and have a quiet drink of my own what do ya think.

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  • Comment Link quinnus Wednesday, 14 September 2011 17:54 posted by quinnus

    regarding the psni.last time they stopped me i didnt give my name and was kept waiting for 2 hours.maybe better to give it and avoid the hassle.big abuse of power.also wanted me to remove my shoes as part of the search and it was raining.again i refused.searched my hair which was long.they found an ak 47 in my hair and 5lb semtex in my shoe ha ha.had been really helpful and polite to police in the past and now not anymore.

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  • Comment Link LN Friday, 16 September 2011 14:35 posted by LN

    Hi Quinnuss,

    Thanks for sharing your experience. I'm not sure about the hotel thing, was it hotel security/staff asking to search or the PSNI themselves? My guess is that if the hotel is privately owned they can ask to search your bags (theoretically), though I think it is a bit odd for them to ask to do so. I don't know the ins and outs of the policy on that, however. As far as your shoes, I think you were probably within your rights to refuse to take them off. If they really insisted they then should have taken you perhaps into their vehicle or to a station, they shouldn't be asking you to do that in the rain.

    Hope you see you around the site more!

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  • Comment Link Oldpark Avenue Man Sunday, 18 September 2011 03:27 posted by Oldpark Avenue Man

    Kevin, I think you are making up stories just to get the comments page rolling. Members of Sinn Féin are no longer subject to any form of harrassment from the cops so I just find it hard to believe your comments. Also you say you have went into 3 seperate stations to request copies of your stop and searches? Many stations are there in the vicinity of Ardoyne? Or Oldpark for that matter? I'm sorry but it sounds as if P put you up to complaining about the PSNI (incorporating the RUC) harrassing you. Face it guys, the real victims of political policing aren't going to come on to sites such as this and engage in pointless debates,(particularly when it is run by (**** *****) it's more likely that they are actually doing something meaningful to change it in real terms.

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