SIR WILLIAM MACPHERSON’S INQUIRY INTO THE MATTERS ARISING FROM THE DEATH OF STEPHEN LAWRENCE ON 22 APRIL 1993 TO DATE, IN ORDER PARTICULARLY TO IDENTIFY THE LESSONS TO BE LEARNED FOR THE INVESTIGATION AND PROSECUTION OF RACIALLY MOTIVATED CRIMES



EVIDENCE SUBMITTED BY THE HOME OFFICE TO THE SECOND PART OF THE INQUIRY
 

Contents

Summary
Introduction
Activity
- Overview
- Legislative framework for tackling racially motivated crime
- Training
- Equal Opportunities
- Multi-agency approach to racial incidents
Good Practice
Concerns
Proposals for the Inquiry recommendations

Annex A: Summary of 1996 British Crime Survey (BCS) results, published April 1998
Annex B: Summary of the report on the Perpetrators of Racial Harassment and Racial Violence, published November 1997
Annex C: Summary of PRG report on Policing Racially Motivated Incidents, published November 1997
Annex D: Summary of Her Majesty's Inspector of Constabulary's Thematic Inspection on Police Community and Race Relations,  published October 1997
Annex E: (Provisional) Police Strength in England and Wales as at 31 March 1998: Ethnic Minority Strength as a Percentage of Full Time Equivelents.
Annex F: Speaking up for Justice: Report of the Interdepartmental Working Group on the treatment of Vunerable or Intimidated Witnesses in the Criminal Justice System.  Click here.
Annex G: Police Research Group Serious Crime Programme - June 1998 update on projects relevant to the Stephen Lawrence Inquiry.
Annex H: Crime & Disorder Bill: maximum sentences for Racially Aggravated Offences.
Annex I: A summary of the good practice examples of multi-agency working.
Annex J: The clause in the Crime and Disorder Act which sets out the statutory definition of "racially aggravated" - Crime & Disorder Act,  s. 28ff.

<<back to table of contents



 

Summary

The Home Office evidence outlines the Government's commitment to community relations. The Crime and Disorder Bill introduces new racially aggravated offences which will send out a strong message that racist violence, harassment and criminal damage is unacceptable. The Government is driving forward the implementation of the recommendations of the HMIC Thematic Inspection on Police Community and Race Relations. The Home Office is keen to ensure that the police recruit, and as importantly, retain and promote many more people of minority ethnic origin so that the police service better reflects the community it serves. The Home Office plays a role in co-ordinating the response of the criminal justice agencies to racial incidents through the Racial Incidents Standing Committee. The Research and Statistics Directorate and the Police Research Group at the Home Of Office have substantial research expertise in the area of police community relations and racial harassment. A new community and race relations training strategy will provide support and training to individual police forces to place community and race relations firmly within operational policing.

We also accept that there are ways in which the Home Office and the criminal justice system as a whole, can improve their response to racially motivated crime. The government will be guided in much that it does to tackle racial incidents and improve police community relations, by the recommendations made by this Inquiry.

<<back to table of contents

Introduction

The Government is committed to the creation of a more inclusive society in which people are treated equally regardless of their colour, religion or creed. Tackling racially motivated crime is central to that commitment. Racially motivated crime does not simply injure the victim or their property, it affects the whole of the victim’s family and erodes the standards of decency of the wider community. Trust and understanding built up over many years between communities can be eroded by the climate of fear and anxiety which surrounds a racist incident. Providing the right legislative tools to tackle this evil is part of the answer. We are seeking to do that in the Crime and Disorder Bill. But legislation alone will not solve the problem of racial violence and harassment. It must be addressed in the context of improving race relations generally. Specific action includes the creation of the Race Relations Forum, the implementation of Her Majesty's Inspectorate of Constabulary's Thematic Inspection on Police Community and Race Relations 1, working towards higher levels of recruitment, retention and promotion of black and Asian police and prison of officers, inter-agency partnerships at a national and local level, the consideration of proposed changes to the Race Relations Act 1976, European-wide initiatives which include the European Monitoring Centre on Racism and Xenophobia in Vienna and the consideration of the new Articles of the Treaty of Amsterdam (which provide the EU with a basis to tackle racism and discrimination). In all this the Government will be guided in much that it does by the recommendations which will be made by the Inquiry.

2. Within the Home Office, several units have a direct interest in race relations. The Community Relations Unit aims to improve race relations and reduce racial disadvantage by the promotion of good community relations and equal opportunities in the UK, supporting arrangements for the reception and resettlement of refugees and sponsorship of the Commission for Racial Equality (CRE). The Unit also seeks to ensure that other Departments can properly reflect the Home Secretary's race relations policies in their decisions.

3. The Operational Policing Policy Unit aims to encourage the police to operate with the co-operation of all sections of the community. The unit works with the police service, Her Majesty's Inspectorate of Constabulary (HMIC) and other statutory and voluntary organizations to improve the response of the police to racial harassment and to work towards equality and fairness in all aspects of service delivery by the police.

4. The Criminal Policy Strategy Unit is concerned amongst other things with the elimination of improper discrimination throughout the Criminal Justice System and is responsible for publications under section 95 of the Criminal Justice Act 1991 by which the Secretary of State publishes information to enable criminal justice practitioners to avoid discrimination on grounds of race, sex or any other improper cause.

5. The Home Office also has substantial research expertise in the area of police community relations and racial harassment through the work of the Research and Statistics Directorate and Police Research Group2.

 6. The current Inquiry is the first to be established using Police Act powers since Lord Scarman’s Inquiry into the Brixton Disorders in 1981. Lord Scarman’s report was a watershed in changing the way in which community and race relations was viewed by the police service.

7. The key recommendations of the Scarman report focused on bringing police officers closer to the communities they serve, on community and race relations training, the supervision and monitoring of police officers’ performance, the recruitment of minority ethnic officers, lay visitors schemes, recruitment procedures which identify racial prejudice in potential police recruits, and police disciplinary and complaints procedures.

8. Since Lord Scarman’s report changes have been made in a number of key areas which reflect the recommendations the Inquiry made. Police Authorities are now required to make arrangements for obtaining the views of local people about the policing in their area and to take account of these views when the Police Authority determines the local policing objectives3. The emphasis of police training in community relations changed. The Police Staff College at Bramshill began the first short courses on ‘Police and Ethnic Minorities’ in 1982. At the same time a working party of the Police Training Council was considering community and race relations training for the police. The main recommendations from their report were that all officers should receive training in community and race relations which should be integrated into the main training curriculum and that a specialist support centre should be set up to train force trainers. Racial prejudice and discrimination became a specific offence in the Police Discipline Code when it was reviewed in 19854. The Police Complaints Authority was set up in 1985 under the Police and Criminal Evidence Act. The Home Office issued guidance in 19865 to Police Authorities on how to set up Lay Visitors Schemes.

9. Much has been achieved since Scarman. But there is much still to be done. The Government hopes that the Inquiry into the matters arising from the death of Stephen Lawrence will similarly provide a catalyst for change.

<<back to table of contents

Activity

Overview

10. Findings from the 1996 British Crime Survey (BCS)6 on ethnic minorities’ experience of crime, including that perceived to be racially motivated, showed a considerable gap between crime incidents perceived to be racially motivated by victims and the number of incidents recorded by the police. Many incidents are not reported to the police, though some may be reported to other agencies. Even if crimes against people of minority ethnic origin are reported to the police, the racial element may not be mentioned. Under-recording by the police is also a significant factor (see paragraph 13). A summary of the report is attached at Annex A.

11. The way in which the police service deals with racial incidents is a key test of how they serve people of minority ethnic origin. The number of racial incidents reported to the police has increased since 1989 from 5,044 to 13,151 reported in 1996/97. Racial Incidents are recorded by the police on the basis of the following definition drawn up by the Association of Chief Police Officers (ACPO)

"Any incident in which it appears to the reporting or investigating officer that the complaint involves an element of racial motivation, or any incident which includes an allegation of racial motivation made by any person. " 12. At present forces do not provide a breakdown of the type of incident or the ethnicity of the victim. The Home Office is currently exploring, in consultation with the police, the possibility of police forces submitting this information in the future.

13. Whilst ACPO has set out basic standards for the reporting and recording of racial incidents, the Crown Prosecution Service's (CPS) monitoring of racial incidents (for the year ending March 1997) showed that the Police only recorded 37% of the cases which the CPS identified as racial incidents falling within the ACPO definition. The police and CPS have now agreed that the police will attach a copy of the Racial Incident Form to the prosecution file which is passed to the CPS. This will give the CPS additional details of racial motivation and the perceptions of the victim. Conversely, if the CPS identify a racial incident from the file but the police have not sent a racial incident form, the CPS will notify the police.

14. In October 1997 the Home Office published two research reports which focused on racially motivated crime.

15. A report on the Perpetrators of Racial Harassment and Racial Violence7 was produced by the Research and Statistics Directorate (RSD) and provides new insights into who the perpetrators of racial harassment are, the factors which motivate them, and the way in which agencies may most effectively respond. A summary of the report is attached at Annex B.

16. The Police Research Group (PRG) report on Policing Racially Motivated Incidents8 gives a breakdown, for the first time, of the types of racial incidents recorded by the police and examines the reasons for the large variations between forces in terms of the scale and make up of racially motivated incidents, and how they are dealt with. A summary of the report is attached at Annex C. Property damage and verbal abuse featured large in incidents recorded by the police, and the picture from the British Crime Survey9 is very similar.

17. The report made a number of recommendations for both forces and the Home Office. These included; a coherent national system for recording racially motivated incidents; clarification of the definition of a racial incident; encouraging more charging and prosecutions; prioritising the issue in local policing plans; making further training available; and revision of the current guidance relating to section 4a of the Public Order Act10.

18. In October 1997, Her Majesty's Inspectorate of Constabulary (HMIC) published a report on Police Community and Race Relations11. This concluded that, although much work has been done by police forces in this area, performance was patchy and further steps needed to be taken to ensure that racism and discrimination was eliminated. The Government has welcomed the report and fully supports its conclusions and recommendations. A summary of the report is attached at Annex D.

19. A working group, under Home Office Chairmanship, has been established, including representatives of the Association of Chief Police Officers (ACPO), HMIC, Black Police Officers Associations (BPAs) and the Commission for Racial Equality (CRE), to co-ordinate the implementation of the recommendations of the report. HMI intend to carry out a follow-up inspection of 15 forces in Autumn of this year. The Home Office has also set up a series of meetings between representatives from the Black Police Officers Associations and the Home Office which will work towards the promotion of race relations and equality of opportunity within the police service. Figures on the current numbers of minority ethnic officers for each police force area, and other data on the minority ethnic population of the police area is attached at Annex E. Among other measures currently under consideration is the setting of targets for increasing the recruitment, retention and promotion of minority ethnic officers.

20. The way in which the police use their powers critically affects their relations with the communities they serve. 1996/97 was the first year in which police forces were required to collect data by ethnicity on stops/searches, arrests, cautions and homicides. The Home Office published information on the findings in December 1997, under section 95 of the Criminal Justice Act 1991. Notwithstanding the allowances which need to be made about the robustness of the data at this early stage of ethnic monitoring, the overall conclusions give cause for concern. Across a range of indicators, black people in particular appear to be getting disproportionate attention from the police. Forces need to use the data to examine their decision making and to share them with local communities so that concerns can be discussed.

21. In June 1997 the Home- Secretary established a wide-ranging review of the treatment of vulnerable or intimidated witnesses in the criminal justice system, including those who may be vulnerable because of their ethnic background. The report of the Working Group, "Speaking Up for Justice" was published, for consultation purposes, on 10 June. A copy of the report is attached at Annex F. This contains over 70 recommendations for measures to assist the identification of vulnerable or intimidated witnesses, to provide protection and support before and after the trial, together with a scheme which enables applications to be made by the prosecution and defence for special measures to be made available, where necessary, to assist the witness in giving evidence to the court.

22. The Police Research Group’s (PRG) serious crime research programme is seeking to improve the investigation of major crimel2 in the UK. In particular, the programme is developing a number of generic procedures and standards to support the major crime investigative process.

23. The research has identified that, when considering the racial aspects of a crime, the police need to take  into account not only crimes which are obviously racially motivated but also those which occur in areas with a high concentration of people of minority ethnic origin, involve a victim from a minority group or a suspect from that group.

24. A number of projects from the serious crime programme are relevant to issues raised during the first part of the Inquiry. These individual projects are addressing: the development of lines of enquiry during a serious crime investigation; the use of house to house enquiries during a serious crime investigation; problems with visual identification; senior investigating officer expertise; the police use of the media within serious crime investigations; and the role of the family liaison officerl3. Summary details of these projects are contained in Annex G.

<<back to table of contents

Legislative framework for tackling racially motivated crime

25. Whilst currently there is generally no distinction between the legislation used to tackle racially motivated crime and crime which is not racially motivated, there are particular offences of incitement to racial hatred under Part III of the Public Order Act 1986. Section 4A of the Public Order Act 1986, introduced by section 154 of the Criminal Justice and Public Order Act 1994, also introduced a new offence intended to deal more effectively with cases of intentional racial harassment, particularly where the offending behaviour is persistent. The new offence applies equally to harassment on other grounds. The Police Research Group’s report on Policing Racially Motivated Incidentsl4 found that very few officers were fully aware of the provisions of section 4A of the Public Order Act.

26. Although the primary motivation for the Protection from Harassment Act 1997 was stalking, it is clear this legislation can be used to tackle racial incidents. One example of this is the London Borough of Enfield, where the Police and the Housing Department have started to conduct joint visits to perpetrators on council housing estates. The perpetrators are warned that if they continue to racially harass the victim they may be prosecuted under the Protection from Harassment Act 1997. A research project to evaluate the Act, to be mounted later this year, will look at the use of the Act in cases where race may be a factor as part of its remit.

27. Part II of the Crime and Disorder Bill introduces new racially aggravated offences, parallel to the main existing offences of violence and harassment under the Offences Against the Person Act 1861, the Criminal Damage Act 1971, the Public Order Act 1986 and the Protection From Harassment Act 1997.

28. For each of the new offences, if the racial element is proved, significantly greater maximum penalties will be available [details are attached at Annex H]. An offence will be held to be racially aggravated if the offender at the time of committing the offence, or immediately before or after doing so, demonstrates racial hostility towards the victim, or if the offence is motivated wholly or partly by racial hostility.

29. The Bill contains a provision which will require a court, when dealing with offences other than the specific racially aggravated offences, to treat evidence of racial hostility as an aggravating factor increasing the seriousness of the offence and to state in open court that the offence was so aggravated.

30. The Crime and Disorder Bill also contains proposals for new anti-social behaviour orders. These will be civil orders similar to injunctions for which the police or local authority, in consultation with each other, will be able to apply. Breach of an order will be an arrestable criminal offence. The orders will cover anti-social behaviour, defined as behaviour which causes or is likely to cause harassment, alarm or distress. Guidance to accompany the orders will make clear that they should be used to protect people who are targets of anti-social behaviour as a result of prejudice on grounds of race, sex, disability or creed.

<<back to table of contents

Training

31. All police officers receive training in community and race relations matters as part of their probationer training at Police Training Centres and as part of more advanced national training such as the Trainer's Development Programme at the Staff College. The Staff College also runs a dedicated Policing Racial Incidents course several times a year.

32. Minimum Effective Training Levels in the form of behavioural statements for officers up to and including Inspector rank have been devised and work is in hand to incorporate them into the national curriculum.

33. The Home Office funded Specialist Support Unit (SSIJ) provides independent expert community and race relations training via six and two week courses for force trainers as well as two week courses for force training managers. Since 1989 over 900 trainers and training managers have graduated from the SSU.

34. The Home Office has for about thirty years run the annual, week-long Holly Royde seminar which focuses on the relationship between the police and the public - particularly minority ethnic communities - and the implications for operational policing in multi-racial Britain.

35. The current SSU contract comes to an end in December and Ministers have agreed on a new strategy for providing specialist support to the police service which will contain two elements: integration of community and race relations throughout the national training curriculum; and support and training to individual forces to place community and race relations firmly within operational policing activities

36. The National Crime Faculty at Bramshill are currently designing the structure of a National Senior Investigating Officer Development Programme. Community and race relations will be a pervasive theme which will be at the core of the training. The development programme will start with a foundation course, and will be followed up by four modules based on forensic, intelligence, procedural and legal issues. It is envisaged that learning for the legal module will be based on an example of a racial incident case. The National Crime Faculty intend to discuss the issues which will need to be addressed with the Home Office, in the near future.

37. A HMIC Thematic review of training is currently underway, alongside detailed consideration within the Home Office of future arrangements for police training.

<<back to table of contents

Equal Opportunities

38. The police service is a visible and influential public service which needs to promote the support and active participation of all sections of the community. Fair and non-discriminatory treatment of all staff and members of the public is vital if the service is to retain the trust and confidence of the public in its professionalism and integrity.

39. As a significant part of the collective development of the service’s understanding and practice of managing its involvement with people from minority ethnic communities, the Police Research Group is currently researching the career progression of minority ethnic officers. This will inform the seminar, which the Home Secretary intends to chair early next year, which will address the recruitment, retention and career development of minority ethnic police officers.

<<back to table of contents

Multi-agency approach to racial incidents

40. The Home Office established the Racial Incidents Standing Committee in 1997 to continue the work of the Racial Attacks Group (which was set up by the Home Office in the late 1980s in the light of increasing concern among the police and others about racially motivated crime). Its first report, "the Response to Racial Attacks and Harassment: guidance for the statutory agencies" was published in 1989, and set the tone for the local multi-agency response to racial crime. The Group itself represented that partnership effort at the national level, drawing together those agencies and Departments which had a role to play in tackling this menace.

41. The Racial Attacks Group’s second report "Sustaining the Momentum", published in 1991, re-affirmed the idea of local solutions being found for local problems. The Group’s third session coincided with a study by the House of Commons Home Affairs Select Committee into matters of racial harassment, to which the Government responded in the autumn of 1994. The Racial Attacks Group was asked to look at a number of issues, not least some of those raised by the Select Committee. Its report "Taking Steps", which was published in 1996, took as its starting point the underlying theme of the select committee’s concerns - that the practical work which needed to be done locally had to be supported by some clear appreciation at the centre, of the problems which those local groups faced in seeking to resolve those local issues.

42. RISC brings together those policy units of the Home Office which have an interest in racial incidents, the Association of Chief Police Officers, Her Majesty’s Inspectorate of Constabulary, the Association of Chief Officers of Probation, the Crown Prosecution Service, the Department of Education and Employment, the Department of Environment, Transport and the Regions, the Commission for Racial Equality, the National Association for the Care and Resettlement of Offenders, and Victim Support.

43. The aim of RISC is to encourage agencies and Departments represented to continue to make progress in their response to racial incidents both individually and in collaborative partnerships. RISC is focusing on four key areas: dealing with the perpetrators of racially motivated crime; the reporting and recording of racially motivated crime; the operation of multi-agency panels; and services to the victim.

44. At the local level, a wide range of organisations is now working in multi-agency panels to combat racial harassment, and to ensure that the response to it is fast and effective. Multi-agency panels can and do tackle racial harassment effectively at a local level, but successful panels tend to rely heavily on the commitment of individuals. Where high level commitment is lacking, panels have tended to turn into talking shops or have collapsed. Therefore, as part of its work programme, RISC, in conjunction with the Commission for Racial Equality (CRE), will be producing a Good Practice Guide for multi-agency panels in September 1998.

<<back to table of contents

Good Practice

45. Examples of good practice which have resulted from multi-agency working are set out in Annex I.

46. The Home Office has supported the development of the ACPO Good Practice Guide for Police response to Racial Incidents, published in April 1998, which outlines the ACPO policy for dealing with racial incidents and gives guidance which is designed to ensure that racial incidents are recorded correctly, the victims of racial harassment are provided with as much support as possible, suspects are dealt with robustly and racial incidents are prevented in the future. The guidance also clarifies the definition of a racial incident which meets the • recommendations of the Police Research Group reportl5 and the HMIC Thematic Inspectionl6.

<<back to table of contents

Concerns

47. The Home Office recognises that multi-agency working is an effective means of tackling racial incidents at a local level. However, we are concerned that panels which have been set up are grounding to a halt or have become talking shops rather than providing a service to the victim. This is why we are producing a Good Practice Guide for practitioners working in racial incident multi-agency partnerships.

48. The conclusion from the HMIC Thematic Reportl7 was that police performance was patchy and that further steps needed to be taken to ensure that racism and discrimination are eliminated. The HMIC Thematic Inspection also revealed that those officers who are sensitive to dealing with diversity and confident in their handling of different community groups are few in number, and the knowledge and expertise within forces to develop and train staff is limited. The Home Office is determined to ensure that a more consistent performance on race and community relations is achieved.

49. Dealing with race issues in service delivery must become central to police practices, policies and procedures. The Home Office hopes that the new police training strategy will go some way to achieving this aim.

<<back to table of contents

Proposals for the Inquiry recommendations

Defining racially motivated crime

50. The Home Office would welcome the Inquiry’s view about the current ACPO definition of a racial incident. Although the Police Research Group18 report found that there was a wide interpretation of the definition at force, divisional and individual officer level, the definition is designed to ensure that the police take full account of not only what victims say, but their own perceptions and the perceptions of those who may have witnessed the incident or reported it on behalf of another person.

51. The new racially aggravated offences for the first time provide a statutory definition of "racially aggravated". The test set out in clause 28 [a copy of the clause is attached at Annex J] sets out what we believe to be a realistic threshold to catch offences with a racial element whether that be a racist motivation or evidence of racial hostility before, during or after the offence is committed.

Reporting and recording of racially motivated crime

52. The Home Office is concerned by the disparity between the police recorded racial incidents statistics and those of the CPS. Minority ethnic communities should have the confidence to report racial incidents to the police in the knowledge that they will be recorded and pursued properly. The Inquiry may want to consider means of increasing the co-operation between the police and the CPS on the recording of racially motivated incidents, perhaps by the introduction of a national racial incident recording form.

Prevention of racially motivated crime Family care

53. The Inquiry may want to consider the conclusion of the Perpetrators of Racial Harassment and Racial Violence report19 that in order to tackle racially motivated crime a more holistic approach would need to be taken which recognises the long term underlying factors of criminality and racism. More specifically this involves the intervention with identified perpetrators, potential perpetrators (for example school bullies, young people and problem families) and the perpetrator community.

54. Most importantly the Government considers that there is a responsibility both on the Police and minority ethnic communities to work together in tackling racially motivated crime and crime more generally. Suspicions, either way, between the police and particular sections of the law abiding community need to be broken down. The police and the community have to work in partnership and the Crime and Disorder Bill will put Crime and Disorder Reduction Partnership on a statutory footing.

Family care

55. The Inquiry may want to consider recommending that training in race and community relations should form part of the training which is given to family liaison officers.

The investigation of racially motivated crime

56. There are three broad models for the police to investigate racial incidents: a dedicated racial incident unit, where dedicated officers deal with all racial incidents which are reported to the area; a system where all front line officers deal with racial incidents; or a combination of the two, whereby a unit oversees the investigation of racial incidents but the investigation is conducted by front line officers who seek advice and assistance from the specialised unit. Whilst the Home Office is clear that it is an operational decision for each Chief Officer to decide which structure is put in place, it is essential that it is underpinned by all front-line officers being trained to deal with racial incidents.

57. The new racially aggravated offences should help ensure that a higher priority is given to the identification of the racial element of the crime in the gathering of evidence, thus preventing the racial aspect from being overlooked.

58. Multi-agency panels also provide a forum in which the agency which is best placed to tackle a reported racial incident can deal with it. Other members of the multi-agency panel can then, through a caseworking forum or informal networks ensure that the lead agency is pursuing the racial incident thoroughly and sensitively.

The prosecution process

59. The Police Research Group report on Policing Racially Motivated Incidents20 recommended that the police and the Crown Prosecution Service should usually, where evidence exists, charge and prosecute racially motivated incidents. Although it should be recognised that there may be circumstance in which the victim may not wish the matter to be dealt with formally, police officers should not discourage victims from bringing charges in favour of administrating informal warnings, particularly in a case where repeat victimisation is an issue. This is also entirely commensurate with the view that incidents of racial harassment, at whatever level, will not be tolerated by the police service.

The handling of victims and witnesses

60. The Home Office would welcome the Inquiry’s views on the recommendations for measures to protect vulnerable or intimidated witnesses both before, during and after the trial, in the report of the Working Group on Vulnerable or Intimidated Witnesses, "Speaking Up for Justice" which recognises that a witness may be vulnerable or intimidated because of his or her cultural or ethnic background.

Training

61. The Home Office welcomes the Inquiry’s view on whether race and community relations courses should be extended to all police officers and particularly in the context of this Inquiry, that community and race • relations training becomes a core element in CID training. The Home Office also invites the Inquiry to consider the new training strategy for race and community relations training. It is hoped that any recommendations from the Inquiry can feed into the new training programme.
 
 

<<back to table of contents

Annex A: Summary of 1996 British Crime Survey (BCS) results, published April 1998

The BCS measures crime against individuals and households including that not reported to and/or not recorded by the police. The most recent survey was in 1996, measuring crime in 1995. Victims are asked whether, in their view, incidents were racially motivated - giving the most reliable national estimate of racially motivated incidents. The BCS also covers other relevant crime-related issues affecting minority ethnic communities1.

Racially motivated crime

* About 143,000 incidents counted as crimes or threats in the BCS against black people or Asians were judged racially motivated. This is 15% of crimes committed against them.

* The use of racist language was the most common reason for saying the incident was racially motivated. In vandalism, where there is less likelihood of contact between offender and victim, the victim’s own race/country of origin was more frequently cited as the reason.

* The risk of racially motivated crime against white people was low. Less than 0.5% saw themselves as racially victimised during 1995. The figures were 4% for black people, 5% for Indians and 8% for Pakistanis and Bangladeshis.

* There is no evidence of a significant change in the overall number of racially motivated crimes against minority ethnic communities since 1991. The 1995 figure of 143,000 (+ 32,000) crimes compares with an estimate of 102,000 (s 23,000) in 1993, and 130,000 (+ 41,000) in 1991.

* Less than half of racially motivated crimes were reported to the police (45%). Crimes involving people from minority ethnic communities were reported less often (29% were) than when whites were involved (55%). An estimated 41,000 incidents against non-whites perceived to be racially motivated were reported.

* The alleged perpetrators of both racially motivated and non-racially motivated crimes were mainly young white males. Racially motivated incidents were more likely to involve multiple perpetrators than other types of crime.

Racial harassment

* At least 7% of black people said they had been racially harassed in 1995. The figure was lower for whites (1%), about the same for Indians (8%), but higher for Pakistanis/Bangladeshis (12%). Young minority ethnic males were most likely to have been harassed.

* Overall, the 1996 BCS estimated that at least 200,000 Black or Asian people experienced some form of racially motivated victimisation and/or harassment in 1995.

Worry about racial attack

* 38% of Pakistanis/Bangladeshis said they were very worried ‘physical attack because of skin colour, ethnic origin or religion’. The figures for others groups were: 35% for Indians, 27% for black people, and 7% for whites.

Satisfaction with the police on reporting racially motivated crimes2

* Victims reporting crimes thought to be racially motivated were less satisfied with the police response on a number of fronts (see below).
 
 
Racially motivated crimes Other reported crimes
                  %                %
Had reasonable length of wait                    75                 80
Showed enough interest                    49                 66
Put in enough effort                    45                 63
Kept informed of progress                    33                 37
% very/fairly satisfied                    44                 66

 

<<back to table of contents

Annex B: Summary of the report on the Perpetrators of Racial Harassment and Racial Violence, published
November 19973

The main findings were that:

     •perpetrators are of all ages and include groups of people and families acting together;

      some perpetrators also engage in other anti-social or criminal activities which are not necessarily racially motivated;

     •the perpetrators’ attitudes to people from minority ethnic communities are shaped and reinforced by those held by the wider communities to which they belong; and

     •these attitudes generally reflect underlying concerns which communities feel impotent to deal with, such as insecurity about the future, housing or health problems.

The report recommended that in order to reduce racial harassment, agencies need to adopt a long-term approach consisting of three concentric strategies:

     • the identification of and effective action against perpetrators;

     • the identification of potential perpetrators and the development of strategies to divert them from actually  becoming perpetrators; and

     • the development of a range of strategies for consistently addressing the perpetrator community’s general attitudes towards minority ethnic communities.
 

<<back to table of contents

Annex C: Summary of PRG report on Policing Racially Motivated Incidents, published November 19974

The research for this publication involved a national survey of all 43 police forces in England and Wales in order to obtain basic information about the types of crimes and methods of disposal which accounted for the 13,151 racially motivated incidents recorded by the police in 1996/97. The results of the survey classified the recorded racial incidents by crime type and showed that nearly 60% of incidents were either damage to property or verbal abuse and that only 39% of incidents where a suspect was identified resulted in a charge or a caution.

The survey was followed up by visits to four forces where officers were interviewed in depth about their processing of 88 cases. This highlighted:

          • different recording and processing procedures and structures within forces;

          • difficulties in applying the concept of racial motivation;

          • victims wanting the incident dealt with informally;

            officers advising that evidence would not stand up in court; and

          • poor understanding of section 4a of the Public Order Act which covers offences of intentional
harassment
 

<<back to table of contents

Annex D: Summary of Her Majesty’s Inspector of Constabulary’s Thematic Inspection on Police Community and Race Relations, published October 19975

The Thematic Inspection was intended to assist forces in rising to the challenge of providing a fair, equitable and quality service to all citizens. It reports on not only on good (and poor) practice but explores the view and wishes of the community at large - in particular those of black and Asian citizens - as the basis for its recommendations.

The main recommendations of the report were that forces:

       • should publicly re-affirm their commitment to investing in good community and race relations as a core function of policing;

       • give a higher priority to dealing with neighbourhood incidents and anti-social behaviour;

       • clearly state that they regard the behaviour of officers who show racial or other prejudice in their behaviour and language as completely unacceptable;

       • continue to attract minority ethnic recruits and retain them; and

       • consider a community and race relations audit to identify areas needing improvement. The report also recommended that training in community and race relations should be given greater emphasis, and priority should initially be targeted towards first line supervision.
 

<<back to table of contents

Annex E:

                              (Provisional) Police Strength in England and Wales as at 31 March 1988
                                       Ethnic Minority Strength as a Percentage of Full Time Equivalents
 
 
Police force area Male officers: full time equivalents Male ethnic minority officers % male ethnic minority officers(1) Male general population aged 10 and over from ethnic minorities Female officers full time equivalent Female ethnic minority officers % female ethnic minority officers(1) Female general population aged 10 and over from ethnic minorities Total officers full time equivalents Total ethnic minority officers % total ethnic minority officers(1) Total general population aged 10 and over from ethnic minorities
Avon & Somerset  2,586.0 29 1.1 2.0 389.9 5 1.3 1.8 2,975.9 34 1.1 1.9
Bedfordshire  889.0 25 2.8 9.6 189.5 12 6.3 9.0 1,078.5 37 3.4 9.3
Cambridgeshire 1,101.6 21 1.9 3.5 189.8 10 5.3 3.2 1,291.4 31 2.4 3.3
Cheshire 1,728.6 4 0.2 1.0 307.3 2 0.7 0.9 2,035.9 6 0.3 0.9
City of London  703.0 13 1.8 7.0 121.9 7 5.7 7.2 824.9 20 2.4 7.1
Cleveland 1,257.5 16 1.3 2.0 225.9 2 0.9 1.6 1,483.4 18 1.2 1.8
Cumbria  976.5 1 0.1 0.4 187.0 1 0.5 0.4 1,163.5 2 0.2 0.4
Derbyshire 1,546.0 30 1.9 2.9 226.2 7 3.1 2.7 1,772.2 37 2.1 2.8
Devon and Cornwall  2,507.0 4 0.2 0.6 454.5 1 0.2 0.6 2,961.5 5 0.2 0.6
Dorset 1,104.0 5 0.5 0.9 206.0 0 0.0 0.8 1,310.0 5 0.4 0.8
Durham 1,252.0 6 0.5 0.8 262.8 1 0.4 0.6 1,514.8 7 0.5 1.8
Dyfed Powys  873.0 1 0.1 0.7 129.3 0 0.0 0.6 1,002.3 1 0.1 0.7
Essex  2,453.0 27 1.1 1.9 475.5 9 1.9 1.7 2,928.5 36 1.2 1.8
Gloucestershire  938.0 10 1.1 1.8 165.9 2 1.2 1.7 1,103.9 12 1.1 1.7
Greater Manchester  5,723.4 141 2.5 5.8 1,225.4 23 1.9 5.1 6,948.7 164 2.4 5.5
Gwent 1,054.0 11 1.0 1.5 178.8 2 1.1 1.3 1,232.8 13 1.1 1.4
Hampshire  2,919.9 25 0.9 1.9 569.6 2 0.4 1.6 3,489.5 27 0.8 1.8
Hertfordshire 1,428.8 16 1.1 3.9 311.1 4 1.3 3.8 1,739.9 20 1.1 3.8
Humberside 1,731.0 11 0.6 1.1 290.2 2 0.7 0.9 2,021.2 13 0.6 1.0
Kent 2,704.6 27 1.0 2.3 547.2 7 1.3 2.1 3,251.8 34 1.0 2.2
Lancashire 2,721.5 31 1.1 4.3 535.6 8 1.5 3.8 3,257.1 39 1.2 4.0
Leicestershire 1,662.7 73 4.4 10.7 320.4 16 5.0 10.4 1,983.1 89 4.5 10.5
Lincolnshire 1,039.6 4 0.4 0.7 151.5 2 1.3 0.7 1,191.1 6 0.5 0.7
Merseyside 3,550.0 58 1.6 2.0 667.4 14 2.1 1.5 4,217.4 72 1.7 1.7
Metropolitan Police 22,281.8 670 3.0 19.6 3,910.9 191 4.9 18.8 26,192.7 861 3.3 19.2
Norfolk 1,221.0 9 0.7 0.9 208.6 0 0.0 0.8 1,429.6 9 0.6 0.8
North Wales  987.4 1 0.1 0.7 181.4 0 0.0 0.6 1,168.7 1 0.1 0.6
North Yorkshire 3,203.3 6 0.2 0.7 563.4 1 0.2 0.7 3,766.7 7 0.2 0.7
Northamptonshire 1,197.0 25 2.1 3.4 199.0 6 3.0 3.2 1,396.0 31 2.2 3.3
Northumbria 1,174.0 24 2.0 1.6 193.2 9 4.7 1.3 1,367.2 33 2.4 1.4
Nottinghamshire 1,985.0 44 2.2 3.8 337.6 17 5.0 3.6 2,322.6 61 2.6 3.7
South Wales 2,632.0 26 1.0 2.2 354.2 3 0.8 1.8 2,986.2 29 1.0 2.0
South Yorkshire 2,685.0 60 2.2 2.8 497.0 10 2.0 2.4 3,182.0 70 2.2 2.6
Staffordshire 1,853.0 25 1.3 1.8 439.1 8 1.8 1.6 2,292.1 33 1.4 1.7
Suffolk  997.3 9 0.9 2.2 188.6 4 2.1 1.8 1,185.8 13 1.1 2.0
Surrey 1,365.5 17 1.2 2.8 242.9 3 1.2 2.6 1,608.4 20 1.2 2.7
Sussex 2,566.1 16 0.6 2.0 471.6 7 1.5 1.7 3,037.7 23 0.8 1.8
Thames Valley 3,142.6 63 2.0 5.43 633.0 15 2.4 5.1 3,775.5 78 2.1 5.3
Warwickshire  785.0 18 2.3 3.4 139.1 5 3.6 3.1 924.1 23 2.5 3.3
West Mercia 1,703.0 23 1.4 1.4 308.8 3 1.0 1.2 2,011.8 26 1.3 1.3
West Midlands 5,713.7 216 3.8 14.3 1,442.8 78 5.4 13.3 7,156.5 294 4.1 13.8
West Yorkshire 4,346.2 107 2.5 8.0 808.6 26 3.2 7.1 5,154.7 133 2.6 7.5
Wiltshire 4,346.2               9 0.9 1.7 166.3 1 0.6 1.5 1,148.3 10 0.9 1.6
TOTAL ALL FORCES  105,271.4        1,957 1.9 5.8 19,614.5 526 2.7 5.4 124,885.9 2,483 2.0 5.6
(1) A direct comparison can not be made since the number of ethnic minority officers does not take into account the number of hours worked.
 

<<back to table of contents

Annex F:  Speaking up for Justice: Report of the Interdepartmental Working Group on the treatment of Vulnerable or Intimidated Witnesses in the Criminal Justice System is enclosed separately. (Click here for link)
 

<<back to table of contents

Annex G: Police Research Group Serious Crime Programme - June 1998 update on projects relevant to the Stephen Lawrence Inquiry

1.    The development of lines of enquiry



Objective:    To identify efficient and effective lines of enquiry by crime type; to examine the decision making        process in relation to crime scene assessment and the prioritisation of lines of enquiry.



Progress:    Initial field work complete and analysis of policy books, review documents and HOLMES accounts is under way. Theoretical investigative process model drafted for validation.

Timescale:  Draft report - Aug 1998



 

2.     House to house enquiries



Objective:    To establish current practice in the training, management and execution of House to House enquiries; evaluate the effectiveness of House to House with particular reference to parameter setting and the use of geographical profiling.



Progress:    Initial survey of current practice complete. Interviews with SIOs and House to House co-ordinators to establish strategic use of House to House enquiries are under way.

Timescale: Draft report - Oct 1998



 

3.     Problems with visual identification



Objective:     To establish the principal problems associated with visual identification in the field of serious crime and to propose good practice guidelines in all aspects of this field.



Progress:     A report summarising the current research into the problems of visual identification of offenders and its practical application in the field of serious crime investigation has been drafted. This work is being quality assured prior to publication. A survey of court cases where identification issues have been significant is under way.

Timescale: Draft report- available now. Publication- Sept 1998



 

4.    Senior Investigating Officer expertise



Objective:     To define what experience and expertise is required from senior investigating officers and to identify the most effective mechanisms for the transfer and development of essential skills



Progress:     A programme of interviews with SIOs is scheduled for completion in July. The data will be analysed in August/September.

Timescale: Draft report - Oct 1998



 

5.     Police use of the media within serious crime investigations



Objective:     To identify effective and efficient use of the media within serious crime investigations



Progress:     Interview programme nearing completion. Interim findings have already been presented to ACPO crime investigation working group.

Timescale: Draft report - July 1998



 

6.     Family liaison officer



Objective:     To improve the skills of the Family Liaison Officer



Progress:     ‘Improving the skills of Family Liaison Officers on murder enquiries’ has already been published as a PRG PRAS report. ‘Recommendations for the selection, training and support of Family Liaison Officers on
murder enquiries’ is available in draft.

Timescale: First report - published. Second report - available in draft.



 
 

<<back to table of contents

Annex H: Crime & Disorder Bill: maximum sentences for Racially Aggravated Offences
 
 
EXISTING OFFENCE MAXIMUM PENALTY FOR BASIC OFFENCE PROPOSED MAXIMUM PENALTY FOR RACIALLY AGGRAVATED OFFENCE
Common Assault 6 months and/or a level 5 fine (£5,000) 2 years imprisonment and/or an unlimited fine
Assault Occasioning Actual Bodily Harm 5 years imprisonment 7 years imprisonment
Malicious Wounding 5 years imprisonment 7 years imprisonment
Criminal Damage (section 1(1) Criminal Damage Act 1971) 10 years imprisonment 14 years imprisonment
Section 5 Public Order Act 1986 
Disorderly Behaviour
Level 3 fine (£1,000) Level 4 fine (£2,500)
S. 4A Public Order Act 1986 
Intentional Harassment
6 months and/or a level 5 fine (£5,000) 2 years and/or an unlimited fine
S. 4 Public Order Act 1986 
Threatening Behaviour
6 months and/or a level 5 fine (£5,000) 2 years and/or an unlimited fine
S. 2 Protection from Harassment 
Act 1997: Harassment
6 months and/or a level 5 fine (£5,000) 2 years and/or and unlimited fine
S. 4 Protection from Harassment Act 
1997: Fear of Violence
5 years 7 years

 

<<back to table of contents

Annex I: A summary of the good practice examples of multi-agency working
 

Racial Harassment Logs.

Racial harassment logs are given to repeat victims for them to log any incident which takes place which they believe to be racially motivated. This has the advantage of providing the multi-agency forum, and the police in particular, with a permanent record of every incident. The log includes a description of what the perpetrator looked like, what happened, what words were used, whether there were any witnesses and to whom the victim reported the incident. The logs are produced in several languages for those victims who do not speak English.

Racial Harassment Focus Groups

Racial harassment focus groups are set up to tackle racism in a particular area or street. The multi-agency panel analyses the racial incidents which have taken place and targets a particular area where a number of incidents have been reported. The police, the local Council, the Racial Equality Council, Victim Support and local community groups attend the meeting. The aims of the focus groups are to provide support for victims, to make sure that resources are used effectively, to encourage victims to support each other and to raise the awareness of what support is available to victims.

Reporting Centres

An alternative to focus groups is the use of reporting centres. Reporting centres are usually held in housing offices, mosques, Citizen Advice Bureau's and community centres. They provide an alternative venue, to the police station, for victims to report racial incidents.

Training

Some multi-agency panels have become involved in training agencies dealing with racial incidents. A recently formed multi-agency panel devised a training package to enable professionals who had joined the panel to understand the concept and aims of multi-agency working and the legislation available for the prosecution of racially motivated crime. Other panels have produced training packages, which are facilitated by several representatives on the multi-agency panel, for the police and housing officers.

Surveillance

Multi-agency panels are making use of surveillance equipment and pin-hole cameras in the homes/businesses of victims in order to obtain evidence for the prosecution of perpetrators.

Racial Harassment Directory

A local directory, which is used as a resource for statutory and voluntary agencies, outlines the roles and responsibilities of agencies in combating racial harassment.

Tackling Racial Harassment in Schools

Multi-agency working has also encouraged schools to ensure that they have clear policies for dealing with racial harassment. Two videos have been produced by a racial harassment project to tackle racial incidents in schools. These videos provide practical ways for teachers to discuss racism in the classroom. A leaflet also provides information for parents and carers of children who are experiencing racial harassment at school and to compliment this approach, parent support groups have been set up.
 
 

<<back to table of contents

ANNEX J: The clause in the Crime and Disorder Bill which sets out the statutory definition of "racially aggravated". Click here.



 

<<back to table of contents Footnotes

1 Winning the Race - Policing Plural Communities. HMIC Thematic Inspection Report on Police Community and Race Relations 1996197
2 Reference is made below to some recent publications which are directly pertinent to the Inquiry There is a range of previous and continuing research work of broader relevance. A fuller account could be provided to the Inquiry if that would be helpful
3 An important way in which police authorities meet the requirement, under the Police and Criminal Evidence Act (now consolidated in the Police Act 1996), is to consult the local community through their networks of Police Community Consultation Groups.
4 The present Discipline Code will be superseded by a Code of Conduct on I April 1999 on the introduction of the new discipline procedures. The draft Code makes clear that any form of unfair discrimination [and also harassment and victimisation] is not acceptable in the police service.
5 This guidance was revised in Home Office Circular 4/1992 Lay Visitors to Police - Revised Guidance
6 Ethnicity and Victimisation: Findings from the 1996 British Crime Survey by Andrew Percy. Home Office Statistical Bulletin, 6196 (April 1998). London: Home Office Research and Statistics Directorate.
7 Sibbitt, R. (1997) The Perpetrators of Racial Harassment and Racial Violence, Home Office Research Study 176.
8 Maynard, W. and Read, T. ( 1 997) Policing Racially Motivated Incidents. PRG Crime Detection and Prevention Paper 84
9 Ethnicity and Victimisation: Findings from the 1996 British Crime Survey by Andrew Percy. Home Office Statistical Bulletin, 6196 (April 1998). London: Home Office Research and Statistics Directorate
10 Guidance to the police on Section 4A of POA 1986 HOC 30/1995
11 "Winning the Race - Policing Plural Communities. HMIC Thematic Inspection Report on Police Community and Race Relations 1996/97
12 The programme is concentrating on stranger homicide, stranger rape and abduction.
13 This research was sponsored by PRG’s Police Research Award Scheme (PRAS).
14 Maynard, W. and Read, T. (1997) Policing Racially Motivated Incidents. PRG Crime Detection and Prevention Paper 84
15 Maynard, W. and Read, T. (1997) Policing Racially Motivated Incidents. PRG Crime Detection and Prevention Paper 84
16 Winning the Race - Policing Plural Communities. HMIC Thematic Inspection Report on Police Community and Race Relations 1996/97
17 Winning the Race - Policing Plural Communities. HMIC Thematic Inspection Report Community and Race Relations 1996/1997
18 Maynard, W. and Read, T. (1997) Policing Racially Motivated Incidents. PRG Crime Detection and Prevention Paper 84
19 Sibbit, R. (1997) The Perpetrators of Racial Harassment and Racial Violence, Home Office Research Study 176
20 Maynard, W. and Rd, T. (1997) Policing Racially Motivated Incidents. PRG Crime Detection and Prevention Paper 84
 

1 Results are in "Ethnicity and Victimisation: Findings from the 1996 British Crime Survey’, by Andrew Percy. Home Office Statistical Bulletin, 6/96 (April 1998). London: Home Office Research and Statistics Directorate.
2 This analysis uses data from the 1994 and 1996 BCS. It is not included in the Percy report.
3 Sibbitt, R (1997) The Perpetrators of Racial Harassment and Racial Violence, Home Office Research Study 176.
4 Maynard, W. and Read, T. (1997) Policing Racially Motivated Incidents. PRG Crime Detection and Prevention Paper 84
5 Winning the Race - Policing Plural Communities. HMIC Thematic Inspection Report on Police Community and Race Relations 1996/97

<<back to table of contents




© Crown Copyright 1998