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CRE investigation finds 'ice in the heart' of the police service
The Police Service is like a perma-frost – thawing on the top, but still frozen solid at the core, the Commission for Racial Equality (CRE) announced today, as it published the final findings and recommendations of its formal investigation into the Police Service of England and Wales.
CRE to investigate the police service
The CRE today announced its intention to launch an investigation into racism in the police service. Speaking at the Metropolitan Black Police Association's AGM, CRE Chair Trevor Phillips said...CRE urges more people from ethnic minorities to join the police
Speaking at the Metropolitan Black Police Association’s AGM, CRE Chair Trevor Phillips emphasised the importance of increasing the number of ethnic minority recruitsCRE warns police to end discrimination in stop and search
A report published today by the Home Office shows that black people continue to be eight times — and Asian people three times — more likely to be stopped and searched than their white counterparts.CRE chair and commissioners
Biographies of the CRE chair and commissionersLegal powers
Summary of the CRE's powers under the Race Relations Act 1976Formal investigations
The Race Relations Act 1976 gives the CRE the power to conduct two types of formal investigations: named person investigations and general investigations. It must also carry out an investigation if required to do so by the Secretary of State.
Police service formal investigation: final report (PDF 1020.4 Kb)
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Police service formal investigation - recommendations (PDF 85.3 Kb)
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This page was last updated on 15/09/2005 18:25:40
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Legal powers and formal investigations
Police service formal investigation
Police service formal investigation
The findings and recommendations of the CRE's general formal investigation of the police service of England and Wales were published on 8 March 2005. You can download the final report, and a list of the recommendations made by the formal investigation team, from this page.
The decision to carry out the investigation was announced by CRE chair Trevor Phillips at the annual general meeting of the Metropolitan Black Police Association in December 2003.
The investigation was led by Sir David Calvert-Smith QC, a former Director of Public Prosecutions. The panel included three special commissioners, appointed by the home secretary, and a full-time team of lawyers and investigators.
In March 2004, the CRE appealed for former and serving police officers to come forward with evidence.
Three months later, the CRE published an interim report. Among its main findings were that more than 90 per cent of race equality schemes submitted to the CRE by police forces and authorities failed to meet the minimum standard required by the law.
Following the publication of the interim report, the CRE began enforcement action against 14 police forces and eight police authorities. Each was given a maximum of 90 days or less to produce a lawful scheme. Those failing to do so would leave themselves open to further action by the CRE, which could include applying to the High Court for an enforcement order.
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The formal investigation team - special commissioners
For the purposes of this formal investigation, Sir David Calvert-Smith, Ravi Chand and Nuala O’Loan were appointed as special commissioners of the CRE by the home secretary.
Sir David Calvert-Smith was Director of Public Prosecutions at the Crown Prosecution Service between 1998 and 2003. He was appointed Queen’s Counsel in 1997. Between 1991 and 1997 he was Senior Treasury Counsel and Junior Treasury Counsel between 1996 and 1998. He is a previous chairman of the Criminal Bar Association and of the Education and Training Committee of the Bar Council. In 2003, he chaired the Bar's Working Party on Funding Entry to the Bar. He was knighted in 2002. Since January 2005, he has been a High Court judge.
Ravi Chand is a managing consultant with Veredus Executive Resourcing. He previously served with the Police Service in a number of specialist areas for 14 years, which included heading the National Black Police Association, a registered charity, as its President and Chair of trustees; equality advisor to Bedfordshire Police; advisor on race issues nationally and establishing and delivering training on leadership development. He sat on a number of boards and committees on criminal justice issues, including the Home Secretary's Stephen Lawrence Steering Group. He was awarded a Queens' Police Medal (QPM) in the Queen's Honours list in 2002 for distinguished service.
Mrs Nuala O'Loan is the Police Ombudsman for Northern Ireland, responsible for the investigation of allegations against the police. She is a solicitor and has held the Jean Monnet Chair in European Law at the University of Ulster. In the past, among other things, she has been Chairman of the Northern Ireland Consumer Committee for Electricity; a member of the Police Authority; Vice-Chair of the Police Authority's Community Relations Committee; a member of the Northern Health and Social Services Board; Convenor of the NHS Complaints System for the Northern Health and Social Services Board; a member of the General Consumer Council and Convenor of the Transport and Energy Group of that Council; and a Legal Expert member of the European Commissionís Consumers Consultative Council. For seven years, Mrs O'Loan was also a custody visitor to police stations.
Jagdish Singh Gundara was appointed as commissioner of the CRE in April 2002. He is Professor of Education at the University of London. He holds the UNESCO Chair in Intercultural Studies and Teacher Education at the Institute of Education. His previous roles include Deputy Secretary-General of the Indian Ocean International Historical Association; founding member of the International Association for Micro-States Studies; European Intercultural Parliamentary Group; and Director and Vice-chairperson of the International Broadcasting Trust. Professor Gundara is President of the International Association for Intercultural Education, and a trustee and Chairman of the Scarman Trust.
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Terms of reference
The terms of reference, as required under section 49 (3) of the Race Relations Act 1976 as amended ('The Act'), for the General Formal Investigation into the Police Service, training centres and others (England and Wales) are:
- To investigate the screening processes for potential recruits in order to ascertain whether they are effective in identifying and thereby screening applicants out who have a disposition to behave in a manner which is unlawful under the Act, or who may act in a manner which will inhibit police forces from complying with the Duties.
- To investigate the provision of probationary training in relation to issues of race and race discrimination, and relevant parts of the Duties. Additionally, the Commission may investigate non-probationary diversity training to investigate its efficacy in assisting to establish police forces which operate in a manner which is compliant with the provisions of the Act.
- To discover the extent to which recent police recruits and other police officers have experienced either race discrimination, or witnessed discriminatory behaviour by police officers or staff or consultants employed or engaged by the police forces and monitoring and inspection bodies.
- To discover whether recent recruits and other police officers have access to an effective complaints system with respect to complaints of race discrimination, harassment victimisation, or generally.
- To consider race related disciplinary and grievance procedures and assess their efficacy.
- To assess whether adequate sanctions are used when inappropriate race related conduct is found.
- To investigate the management of police officers of all ranks in order to ascertain whether there are effective methods to identify and address inappropriate race related conduct promptly.
- To investigate, if considered appropriate, with regard to paragraphs 1 to 7, the role of the monitoring and inspection bodies such as police authorities and Her Majesty’s Inspectorate of Constabulary in assessing how police forces combat race discrimination and comply with the Duties.
- To investigate any employment related practice, procedure or policy that may be relevant to all or any of the above paragraphs, looking to see whether race related inappropriate or unlawful behaviour is being addressed.
- In relation to police forces and police authorities, to assess the efficacy of their Race Equality Schemes and of their arrangements and implementation of the requirements under Paragraph 5 of the Race Relations Act 1976 (Statutory Duties) Order 2001 in assisting them to address the Duties in matters relating to the above paragraphs.
And in the light of any findings, if it appears necessary or expedient during the course of the investigation or after its conclusion, using powers under section 51 (1), to make any recommendations for change in policies or procedures, or make any recommendations to the Secretary of State for changes in the law or otherwise, and as required by section 51 (2), to prepare a report of the findings.
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[Image - Jigsaw made up of faces of people from different racial groups]