The Macpherson Report into the Stephen
Lawrence case contains 70 key
recommendations for society to show "zero
tolerance" for racism.
They include measures aimed
at improving the accountability
of the police.
But Sir William Macpherson's
report also demands action in
other public bodies. The judicial system, the
civil service, local government, the NHS and
schools will all have to make changes if the
recommendations are implemented in full.
Recommendations in full:
Openess,
accountability, and the
restoration of confidence
1.
That a Ministerial Priority be established for
all Police Services: "To increase trust and
confidence in policing amongst minority ethnic
communities".
2.
The process of implementing, monitoring and
assessing the Ministerial Priority should include
Performance Indicators in relation to:
the existence and application of strategies for
the prevention recording, investigation and
prosecution of racist incidents;
measures to encourage reporting of racist
incidents;
the number of recorded racist incidents and
related detection levels;
the degree of multi-agency cooperation and
information exchange;
achieving equal satisfaction levels across all
ethnic groups in public satisfaction surveys;
the adequacy of provision and training of
family and witness/victim liaison officers;
the nature, extent and achievement of racism
awareness training;
the policy directives governing stop and
search procedures and their outcomes;
levels of recruitment, retention and progress of
minority ethnic recruits; and levels of complaint
of racist behaviour or attitude and their
outcomes. The overall aim being the elimination
of racist prejudice and disadvantage and the
demonstration of fairness in all aspects of
policing.
3.
That Her Majesty's Inspectors of
Constabulary (HMIC) be granted full and
unfettered powers and duties to inspect all
parts of Police Services including the
Metropolitan Police Service.
4.
That in order to restore public confidence an
inspection by HMIC of the Metropolitan Police
Service be conducted forthwith. The inspection
to include examination of current undetected
HOLMES based murders and reviews into such
cases.
5.
That principles and standards similar to
those of the Office for Standards in Education
(OFSTED) be applied to inspections of police
services, in order to improve standards of
achievement and quality of policing through
regular inspection, public reporting and
informed independent advice.
6.
That proposals as to the formation of the
Metropolitan Police Authority be reconsidered,
with a view to bringing its functions and powers
fully into line with those which apply to other
police services, including the power to appoint
all chief officers of the Metropolitan Police
Service.
7.
That the Home Secretary and police
authorities should seek to ensure that the
membership of police authorities reflects so far
as possible the cultural and ethnic mix of the
communities which those authorities serve.
8.
That HMIC shall be empowered to recruit and
to use lay inspectors in order to conduct
examination and inspection of police services
particularly in connection with performance in
the area of investigation of racist crime.
9.
That a Freedom of Information Act should
apply to all areas of policing, both operational
and administrative, subject only to the
"substantial harm" test for withholding
disclosure.
10.
That investigating officers' reports resulting
from public complaints should not attract Public
Interest Immunity as a class. They should be
disclosed to complainants, subject only to the
"substantial harm" test for withholding
disclosure.
11.
That the full force of the race relations
legislation should apply to all police officers,
and that chief officers of police should be made
vicariously liable for the acts and omissions of
their officers relevant to that legislation.
Definition of racist incident
12.
That the definition should be: "A racist
incident is any incident which is perceived to be
racist by the victim or any other person."
13.
That the term "racist incident" must be
understood to include crimes and non-crimes in
policing terms. Both must be reported,
recorded and investigated with equal
commitment.
14.
That this definition should be universally
adopted by the police, local government and
other relevant agencies.
Reporting
and recording of racist incidents
and crimes
15.
That codes of practice be established by
the Home Office, in consultation with police
services, local government and relevant
agencies, to create a comprehensive system of
reporting and recording of all racist incidents
and crimes.
16.
That all possible steps should be taken by
police services at local level in consultation with
local government and other agencies and local
communities to encourage the reporting of
racist incidents and crimes. This should include:
the ability to report at locations other than
police stations;
the ability to report 24 hours a day.
17.
That there should be close co-operation
between police services and local government
and other agencies, including in particular
housing and education departments, to ensure
that all information as to racist incidents and
crimes is shared and is readily available to all
agencies.
Police
practice and the investigation of
racist of crime
18.
That ACPO, in consultation with local
Government and other relevant agencies,
should review its Good Practice Guide for
Police Response to Racial Incidents in the light
of this report and our recommendations.
Consideration should be given to the
production by ACPO of a manual or model for
such investigation, to complement their current
Manual of Murder Investigation.
19.
That ACPO devise Codes of Practice to
govern reviews of investigations of crime, in
order to ensure that such reviews are open and
thorough. Such codes should be consistently
used by all Police Services. Consideration
should be given to such practice providing for
reviews to be carried out by an external Police
Service.
20.
That MPS procedures at the scene of
incidents be reviewed in order to ensure
co-ordination between uniformed and CID
officers and to ensure that senior officers are
aware of and fulfil the command responsibilities
which their role demands.
21.
That the MPS review their procedures for
the recording and retention of information in
relation to incidents and crimes, to ensure that
adequate records are made by individual
officers and specialist units in relation to their
functions, and that strict rules require the
retention of all such records as long as an
investigation remains open.
22.
That MPS review their internal inspection
and accountability processes to ensure that
policy directives are observed.
Family liaison
23.
That police services should ensure that at
local level there are readily available
designated and trained family liaison officers.
24.
That training of family liaison officers must
include training in racism awareness and
cultural diversity, so that the families are treated
appropriately, professionally, with respect and
according to their needs.
25.
That family liaison officers shall, where
appointed, be dedicated primarily if not
exclusively to that task.
26.
That senior investigation officers and family
liaison officers be made aware that good
practice and their positive duty shall be the
satisfactory management of family liaison,
together with the provision to a victim's family of
all possible information about the crime and its
investigation.
27.
That good practice shall provide that any
request made by the family of a victim which is
not acceded to, and any complaint by any
member of the family, shall be formally
recorded by the SIO and shall be reported to
the immediate superior officer.
28.
That police services and victim support
services ensure that their systems provide for
the pro-active use of local contacts within
minority ethnic communities to assist with family
liaison where appropriate.
Victims and witnesses
29.
That police services should, together with
the Home Office, develop guidelines as to the
handling of victims and witnesses, particularly in
the field of racist incidents and crimes. The
victim's charter to be reviewed in this context.
30.
That police services and victim support
services ensure that their systems provide for
the pro-active use of local contacts within
minority ethnic communities to assist with victim
support and with the handling and interviewing
of sensitive witnesses.
31.
That police services ensure the provision of
training and the availability of victim/witness
liaison officers, and ensure their use in
appropriate areas, particularly in the field of
racist incidents and crimes, where the need for
a sensitive approach to young and vulnerable
victims and witnesses is paramount.
Prosecution of racist crimes
32.
That the standard of proof of such crimes
should remain unchanged.
33.
That the CPS should consider that, in
deciding whether a criminal prosecution should
proceed, once the CPS evidential test is
satisfied, there should be a rebuttable
presumption that the public interest test should
be in favour of prosecution.
34.
That police services and the CPS should
ensure that particular care is taken at all stages
of prosecution to recognise and to include
reference to any evidence of racist motivation.
In particular it should be the duty of the CPS to
ensure that such evidence is referred to both at
trial and in the sentencing process (including
Newton hearings). The CPS and counsel to
ensure that no "plea bargaining" should ever be
allowed to exclude such evidence.
35.
That the CPS ensure that a victim or
victim's family shall be consulted and kept
informed as to any proposal to discontinue
proceedings.
36.
That the CPS should have the positive duty
always to notify a victim and victim's family
personally of a decision to discontinue,
particularly in cases of a racist crime, with
speed and sensitivity.
37.
That the CPS ensure that all decisions to
discontinue any prosecution should be carefully
and fully recorded in writing, and that save in
exceptional circumstances, such written
decisions should be disclosable to a victim or a
victim's family.
38.
That consideration should be given to the
Court of Appeal being given power to permit
prosecution after acquittal where fresh and
viable evidence is presented.
39.
That consideration should be given to
amendment of the law to allow prosecution of
offences involving racist language or behaviour,
and of offences involving the possession of
offensive weapons, where such conduct can be
proved to have taken place otherwise than in a
public place.
40.
That the ability to initiate a private
prosecution should remain unchanged.
41.
That consideration should be given to the
proposition that victims or victims' families
should be allowed to become "civil parties" to
criminal proceedings, to facilitate and to ensure
the provision of all relevant information to
victims or their families.
42.
That there should be advance disclosure of
evidence and documents as of right to parties
who have leave from a coroner to appear at an
inquest.
43.
That consideration be given to the provision
of legal aid to victims or the families of victims
to cover representation at an inquest in
appropriate cases.
44.
That police services and the courts seek to
prevent the intimidation of victims and
witnesses by imposing appropriate bail
conditions.
Training
First aid
45.
That first aid training for all "public contact"
police officers (including senior officers) should
at once be reviewed and revised to ensure that
they have basic skills to apply first aid officers
must be taught to "think first aid", and first and
foremost "A (Airways), B (Breathing) and C
(Circulation)".
46.
That training in first aid, including refresher
training, should include testing to recognised
and published standards in every police
service.
47.
That police services should annually review
first aid training, and ensure that "public
contact" officers are trained and tested to
recognised and published standards.
Racism
awareness and valuing cultural
diversity
48.That
there should be immediate review and
revision of racism awareness training within
police services to ensure:
that there exists a consistent strategy to
deliver appropriate training within all police
services, based upon the value of our cultured
diversity;
that training courses are designed and
delivered in order to develop the full
understanding that good community relations
are essential to good policing and that a racist
officer is an incompetent officer.
49.
That all police officers, including CID and
civilian staff, should be training in racism
awareness and valuing cultural diversity.
50.
That police training and practical
experience in the field of racism awareness
and valuing cultural diversity should regularly be
conducted at local level. And that it should be
recognised that local minority ethnic
communities should be involved in such training
and experience.
51.
That consideration be given by police
services to promotion joint training with
members of other organisations or professions
otherwise than on police premises.
52.
That the Home Office, together with police
services, should publish recognised standards
of training aims and objectives in the field of
racism awareness and valuing cultural diversity.
53.
That there should be independent and
regular monitoring of training within all police
services to test both implementation and
achievement of such training.
54.
That consideration be given to a review of
the provision of training in racism awareness
and valuing cultural diversity in local government
and other agencies including other sections of
the criminal justice system.
Employment, discipline and complaints
55.
That the changes to police disciplinary and
complaints procedures proposed by the Home
Secretary should be fully implemented and
closely and publicly monitored as to their
effectiveness.
56.
That in order to eliminate the present
provision which prevents disciplinary action
after retirement, disciplinary action should be
available for at least five years after an officer's
retirement.
57.
That the police services should, through the
implementation of a code of conduct or
otherwise, ensure that racist words or acts
proved to have been spoken or done by police
officers should lead to disciplinary proceedings,
and that it should be understood that such
conduct should usually merit dismissal.
58.
That the Home Secretary, taking into
account the strong expression of public
perception in this regard, consider what steps
can and should be taken to ensure that serious
complaints against police officers are
independently investigated. Investigation of
police officers by their own or another police
service is widely regarded as unjust, and does
not inspire public confidence.
59.
That the Home Office review and monitor
the system and standards of police services
applied to the selection and promotion of
officers of the rank of inspector and above.
Such procedures for selection and promotion to
be monitored and assessed regularly.
Stop and search
60.
That the powers of the police under current
legislation are required for the prevention and
detection of crime and should remain
unchanged.
61.
That the Home Secretary, in consultation
with police services, should ensure that a
record is made by police officers of all "stops"
and "stops and searches" made under any
legislative provision (not just the police and
Criminal Evidence Act). Non-statutory or so
called "voluntary" stops must also be recorded.
The record to include the reason for the stop,
the outcome, and the self-defined ethnic identity
of the person stopped. A copy of the record
shall be given to the person stopped.
62.
That these records should be monitored
and analysed by police services and police
authorities, and reviewed by HMIC on
inspections. The information and analysis
should be published.
63.
That police authorities be given the duty to
undertake publicity campaigns to ensure that
the public is aware of "stop and search"
provisions and the right to receive a record in
all circumstances.
Recruitment and retention
64.
That the Home Secretary and police
authorities' policing plans should include targets
for recruitment, progression and retention of
minority ethnic staff. Police authorities to report
progress to the Home Secretary annually. Such
reports to be published.
65.
That the Home Office and the police
services should facilitate the development of
initiatives to increase the number of qualified
minority ethnic recruits.
66.
That HMIC include in any regular inspection
or in a thematic inspection a report on the
progress made by police services in
recruitment, progression and retention of
minority ethnic staff.
Prevention and the role of education
67.
That consideration be given to amendment
of the National Curriculum aimed at valuing
cultural diversity and preventing racism, in order
better to reflect the needs of a diverse society.
68.
That local education authorities and school
governors have the duty to create and
implement strategies in their schools to prevent
and address racism. Such strategies to include:
that schools record all racist incidents; that all
recorded incidents are reported to the pupils'
parents/guardians, school governors and LEAs;
that the numbers of racist incidents are
published annually, on a school by school basis;
that the numbers and self defined ethnic
identity of "excluded" pupils are published
annually on a school by school basis.
69.
That OFSTED inspections include
examination of the implementation of such
strategies.
70.
That in creating strategies under the
provisions of the Crime and Disorder Act or
otherwise police services, local government
and relevant agencies should specifically
consider implementing community and local
initiatives aimed at promoting cultural diversity
and addressing racism and the need for
focused, consistent support for such initiatives.