Page 34 - JUSTICE Tackling Racial Injustice - Children and the Youth Justice System

apply when making a stop and that the PACE Codes and policing guidance are
often ignored. Although PACE explicitly states that a “hunch or instinct which
cannot be explained or justified to an objective observer can never amount to
90
reasonable grounds”, it is hard to tell the difference between a ground such
as “avoiding eye contact” and a hunch. We support calls for the PACE Codes
to be amended to clarify what a genuine suspicion entails, including that
the smell of cannabis alone cannot be grounds for suspicion.

2.27 Where there is a positive finding, particularly if drugs are found, there are
worse outcomes for BAME people – specifically Black people – than White
people. Following a stop for drugs, Black people are more likely than White
people to be arrested and convicted of cannabis possession. Moreover, Black
people are more likely to be convicted for cannabis possession than for the
supply of class A and class B drugs combined, showing stop and search does
91
not primarily target gangs or the drivers of serious violence.

2.28 While analysis of the UK’s drug policy is outside the scope of this report, we
consider that divergent ways in which White and Black people are treated
when drugs are found signals the need for a different approach. At present, we
understand that there is an expectation that police officers must charge if they
find drugs on an individual who has three previous cautions. However,
reducing the number of children charged for simple cannabis possession, and
instead identifying and ensuring their welfare needs, would have a significant,
positive impact in reducing racial disparity in the youth justice system. In any
event, should drugs be found, particularly those of a higher classification, it
seems to us that a “child first” approach should recognise this as abnormal
behaviour for any child and prioritise safeguarding above punishment. Police
officers should always prioritise the welfare of the child (such as utilising
diversion and deferred-prosecution schemes) over punitive responses
through the YJS.

relevant to the likelihood that the object in question will be found - PACE Codes of Practice, Code A
2:2.
90 PACE Codes of Practice, Code A, para 2.6B.
91 M. Shiner, Z Carre, R. Delsol and Niamh Eastwood, The Colour of Injustice: ‘Race’, drugs and law
enforcement in England and Wales, (StopWatch, Release and IDPU, 2018),p. 42.

27