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“Over-policed and under-protected”- School children and policing: some criminological discussions
During the first week of Semester 2, the Criminology team put on a number of small sessions designed around topic areas to encourage some ‘radical’ discussion. Topic areas were designed to deliberately encourage debate and critical consideration. Due to the increasing use of police in schools, and relatively recent (within the past few years) issues around police stop and search in schools, disproportionately being used in schools with a majority Black and Brown cohort, often framed as ‘urban’ schools: it is an area of great interest for both Stephanie and myself. We were expecting some lively discussions around whether the Police should be in schools, and if so, in what capacity: and whilst the students did not disappoint in relation to this matter, they also raised some excellent points around the policing of school children and the control the school forces upon them. It is this area of the discussions that I would like to share with you.
Policing as a form of social control, exerted by schools, not necessarily the Police force, is rife within schools: something the students were quick to draw attention to. This was raised in relation to the policing of Black children’s hair. They are told to alter their appearances based on white standards, have been sent home for not conforming to the school dress code, sent to the back of classrooms for having distracting hair: in both primary and secondary school settings. This power over Black children’s hair, stands in contrast to the idea that children have no say over their hair, and are held to white westernised standards, yet can be held criminally responsible and subject to the force of the law as they are recognised as mature enough to understand crime and its consequences.
This baffling, controlling narrative is also evident in the use of school uniforms. Students raised the inappropriateness of some of the school uniforms in relation to the length of skirts, banning trainers, and piercings, which was a method of control which removed all sense of individuality and identity. It was recognised that children are encouraged to ‘grow up’ and ‘mature’ and ‘figure out’ what they want to do, but they had the methods of exploring this, especially in relation to their identity, restricted and policed. The limited autonomy over hair, clothes, piercings and children’s bodies stands in stark contrast to the legal discourse of children being criminally responsible at the age of 10years old in England and Wales. This was baffling to us!
A further way of policing students in school was through the surveillance the schools exerted over children. The use of CCTV, fingerprints as a method of purchasing lunch was originally considered as a form of security: the all seeing eye of big brother, oops sorry the school, and the attempt to reduce bullying by removing the carrying of cash was originally framed as a way of protecting children. However, the students were very critical of whether this surveillance was intended as protection, or rather as control. The idea of being deterred from delinquency through the use of CCTV, and preventing bullying by removing the possibility of money was considered, but again this refers back to the controlling of children’s behaviour.
There isn’t enough space to include all areas of the 2 hour discussion, and the time flew by quickly as the students and staff lost themselves in considering the role police play in schools, and the role schools play in policing children. The session concluded with us considering the school as an institution and whether its primary role was that of education, or of the creation of obedient bodies. I won’t tell you where we settled, but it is worth a ponder…
With thanks to all those who attended and stimulated the critical discussions around over-policed and under-protected: school children and policing: Gloria, Lucy, Kayode, Uche, Christivie, Joseph, Rosemary, Katya, Kayleigh, Chrissy, Diamante, Shola-Renee, Ellie, Sarah, Zoe, Stephanie and Jessica.
Public confidence in the CJS: ending on a high?
2022 has been a turbulent and challenging year for many. Social inequalities and disadvantage are rife, with those in power repeatedly making bad, inhumane decisions and with very little, to no, accountability or consequences (insert your favourite example from the sh** storm that is the Conservative Party here). Union after Union, across sectors, engage in industrial action in response to poor working conditions and pay, amidst a cost-of-living crisis. And although seemingly unconnected, as the year comes to a close, the Sentencing Guidelines (2022) report on Public Confidence in the Criminal Justice System (CJS) has got me feeling frustrated. My previous blog entries have often been ‘moans’. And whilst January is often dubbed the month of new beginnings and change for the year ahead: we’re not quite there yet so true to form here is my latest moan!
The report exists as one of many conducted by Savanta to collate data on public confidence, in terms of effectiveness and fairness, in the CJS and public awareness of the sentencing guidelines. The data collected in March 2022, was via online surveys given to a “nationally representative sample of 2,165 adults in England and Wales” (Archer et al., 2022, p.9). Some of their highlighted ‘Key Findings’ include that confidence levels in CJS remains relatively stable in comparison to 2018, on the whole, respondents viewed sentences as ‘too lenient’ however this varied based on offence, the existence of the sentencing guidelines improves respondent’s confidence in the fairness of sentencing, and that engagement with broadcast news sources was high across respondents (Archer et al., 2022). It is not the findings, per se, that I take umbrage with, but rather the claim it is a “nationally representative sample of adults in England and Wales” (Archer et al., 2022, p.9).
I take issue on two fronts. The first being that the sample size of 2,165 adult respondents is representative when the demographic factors included are: gender (male and female), age (18-34yo, 35-54yo and 55+), region, ethnicity (White, Mixed, Asian, Black and Other) and socio-economic grade. Now considering we are, thankfully, at the end of 2022 we should all be able to recognise that a sample which only includes cis-gendered options, narrows ethnicity down to 4 categories and the charming ‘other’, and does not include disabilities is problematic. There has been a large body of research done on people with disabilities and their experiences within the CJS, the lack of representation, the lack of accessibility to space and decisions, potentially impacting a defendant’s right to a fair trial, and a victim’s right to justice (Equality and Human Rights Commission, 2021; Hyun et al., 2013 ). So I ask, is this not something which needs considering when looking at public confidence in the CJS of a “nationally representative” sample?
In addition to this, I take issue with the requirement that the sample be “nationally representative”. We have research piece upon research piece about how Black men and Black boys experience the CJS and its various agencies disproportionately to their white counterparts (Lammy, 2017; Monteith et al., 2022; Parmar, 2012). Their experiences of stop and search, sentencing, bail, access to programmes within the Secure and Youth estate. There is nothing representative about our CJS in terms of who it processes, how this is done, and by whom. According to Monteith et al., (2022) 1% of Judges in the CJS are Black, and there are NO Black judges on the High Court, Court of Appeal of Supreme Court: this is not representative! Why then, are we concerned with a representative sample when looking at public confidence in CJS and the sentencing guidelines, when it is not experienced in a proportionate manner?
Maybe I’ve missed the point?
The report is clear, accessible, visible to the public: crucial concepts when thinking about justice, and measuring public confidence in the CJS is fraught with difficulties (Bradford and Myhill, 2015; Kautt and Tankebe, 2011). But this just feels like another nail being thumped into the coffin that is 2022. Might be the eagerness I possess to leave 2022 behind, or the impeding dread for the year to follow but the report has angered me rather than reassured me. As a criminologist, I am hopeful for a more inclusive, representative, fair and accountable CJS, but I am not sure how this will be achieved if we do not accept that the system disproportionately impacts (but not exclusively) Black men, women and children. Think it might be time for another mince pie…
Happy New Year to you all!
Archer, N., Butler, M., Avukatu, G. and Williams, E. (2022) Public Knowledge of Confidence in the Criminal Justice System and Sentencing: 2022 Research. London: Sentencing Council.
Bradford, B. and Myhill, A. (2015) Triggers of change to public confidence in the police and criminal justice system: Findings from the crime survey for England and Wales panel experiment, Criminology and Criminal Justice, 15(1), pp.23-43.
Equality and Human Rights Commission (2021) Does the criminal justice system treat disabled people fairly? [Online] Available at: https://www.equalityhumanrights.com/en/inquiries-and-investigations/does-criminal-justice-system-treat-disabled-people-fairly [ Accessed 4th November 2021].
Hyun, E., Hahn, L. and McConnell, D. (2013) Experiences of people with learning disabilities in the criminal justice system, British Journal of Learning Disabilities, 42: 308-314.
Kautt, P. and Tankebe, J. (2011) Confidence in the Criminal Justice System in England and Wales: A Test of Ethnic Effects, International Criminal Justice Review, 21(2),pp. 93-117.
The Lammy Review (2017) The Lammy Review: An independent review into the treatment of, and outcomes for, Black Asian and Minority Ethnic Individuals in the Criminal Justice System, [online] Available at: https://assets.publishing.service.gov.uk/goverment/uploads/system/uploads/attachment_data/file/643001/lammy-review-final-report-pdf [Last Accessed 14th February 2021].
Monteith, K., Quinn, E., Dennis, A., Joseph-Sailsbury, R., Kane, E., Addo, F. and McGourlay, C. (2022) Racial Bias and the Bench: A Response to the Judicial Diversity and Inclusion Strategy (2020-2025), [online] Available at: https://documents.manchester.ac.uk/display.aspax?DOCID=64125 [Accessed 4th November 2022].
Parmar, A. (2012) Racism and ethnicity in the criminal justice process, in: Hucklesby, A. and Wahidin, A. (eds.) Criminal Justice, 2nd ed, Oxford: Oxford University Press, pp.267-296.
Stop strip searching children!
The Metropolitan Police are under constant criticism, more than any other police force, for at least as long as I have been a criminologist. Their latest scandal began with the case of Child Q, a 15 year old girl who was strip searched in school while she was menstruating after being suspected of carrying cannabis. No drugs were found and Child Q was extremely traumatised, resulting in self-harm and a suicide attempt. Tré Ventour recently wrote a blog about Child Q, race and policing in education here but following this week’s Children’s Commissioner report, there’s so much more to discuss.
The report focussed on the Metropolitan Police who strip searched 650 children in 2 years, many (23%) of whom were searched without the presence of an appropriate adult and as we criminologists would expect, the children were disproportionately Black boys. These findings were not surprising or shocking to me, and I also know that the Metropolitan Police force are not just one bad apple in this respect. The brutal search of Child Q occurred in 2020 but incidences such as these have been happening for years.
A teenage boy aged 17 was subject to an intimate search in 2019 where the police breached a number of clauses of PACE, ultimately resulting in the boy receiving an apology and £10,000 damages for the distress caused by the unlawful actions. These actions started with basic information being withheld such as the police officer failing to identify himself and informing the boy of his rights and ended with the strip search being undertaken without an appropriate adult present, in the presence of multiple officers, without authorisation from a senior officer and with no justification for the search recorded in the officer’s pocket book. Now I understand that things may be forgotten in the moment when a police officer is dealing with a suspect but the accumulation of breaches indicates a more serious problem and a disregard to the rights of suspects in general but children more specifically.
These two cases are the cases of children who were suspected of carrying cannabis, an offence likely to be dealt with via a warning or on the spot fine. Hardly the crime of the century warranting the traumatising strip searching of children. And besides, we criminologists know that the war on drugs is a failed project. Is it about time we submit and decriminalise cannabis, save police time and suspect trauma?
What happens next is a slightly different story. Strip searching in custody is different because as well as searching for contraband, it can also be justified as a protective measure where there is a risk of self-harm or suicide. Strip searching of children by the police has risen in a climate of fear surrounding deaths in custody, and it has been reported that there could be an overuse of the practice as a result of this. When I read the report, I recalled the many conversations I have had over the years with my friend Rosie Flatman who is a practitioner who specialises in working with victims of Child Sexual Exploitation (CSE) and other forms of abuse. Rosie has worked with many girls who have been subject to strip searches when in custody. She told me how girls would often perceive the search as punishment for being what the police believed was disruptive. That is not to say that the police were using strip searches as punishment, but that is how girls would experience it.
Girls in custody are often particularly vulnerable. Like Rosie’s clients, many are victims and have a number of compounding vulnerabilities such as mental ill health or they may be looked after children. Perhaps then, we need to look at alternatives to strip searching but also custody for children, particularly for those who have suffered trauma. Rosie, who has delivered training to various agencies, suggests only undertaking strip searches where absolutely necessary and even then, using a trauma informed approach. She argues that even the way the procedure and justification is explained can make a big difference to the amount of harm caused to vulnerable children in police custody.
A Punky Reggae Party
In June 1977, 45 years ago, I saw the Queen, albeit fleetingly, being driven past Piccadilly Circus en-route to Buckingham Palace for the culmination of the Silver Jubilee celebrations. I wasn’t there for the party. I was making my way to Camden Town and the rehearsal studios used by the Punk-inspired band Subway Sect, who my friend from school had joined as their drummer. The studio, part of a crumbling yard of railway buildings, some still bombed out from the War, would soon begin its transformation into trendy Camden Market.
Punk shared an interesting crossover with Black music culture, in particular reggae. As teenagers, most of us growing up in the 70s were familiar with Blues and Tamala Motown, but reggae was new to me, especially the Heavy Dub style popular in the Jamaican community. The man largely responsible for my education was Don Letts, the House DJ at The Roxy in Neil St, Covent Garden. Originally a fruit and veg warehouse, between 1976 and 1978 the Club shot to fame/notoriety as the top Punk venue in London. The problem for the promoters was that in 1977 the scene was so embryonic there were as yet no home-grown punk records to play. So, in the gaps between live bands, Don played what he wanted, namely reggae, which went down well with the mostly white crowd. To quote from his website: “he came to notoriety in the late 70s as the DJ that single handedly turned a whole generation of punks onto reggae”. In fact, the combination became so popular that Bob Marley’s Punky-Reggae Party released in 1977 as a 12 inch (Jamaica only) and as the B-side to Jamming, reached number 9 in the UK singles charts. Don’s choice of tracks from his Roxy days are captured in the critically acclaimed compilation Dread Meets The Punk Rockers Uptown (Heavenly Records).
Scroll forward a couple of years and I’m working as assistant van driver to my boss Morris, a Jamaican-born reggae fan. He was involved in the local music scene and sometimes I would help him set up a Sound System for private house parties, in and around Brixton. We would use the work van, a sackable offence given the prestige brand name of our West End employer, but worth the risk. Think Small Axe: Lovers Rock, but with more sound gear and ganja-smoking Rastas, and you’ve got the picture. While sometimes out of my comfort zone, it was uplifting to witness first-hand a community at one with its own identity while lobbying for change in wider society that remained indifferent at best.
It was also a time in London when the Metropolitan Police stop and search “SUS” law reigned high. I witnessed several occasions where Morris was subject to blatant racial harassment. Once I was on a delivery to an exclusive residential part of Town. On these visits we played a game, coined by Morris, as Dropsy or Tipsy – would we be offered a Dropsy (cup of tea/coffee) or a cash tip for the delivery, typically a sofa or expensive Persian rug? The winner was the one who made the right call in advance. We parked in the street and as we got out several police officers on foot suddenly approached Morris and demanded to know what he was doing, despite the rather obvious fact he was at work. When they saw me, the situation cooled off, but the aggressive tone of the questioning was clear and present intimidation of a black man, whose only ‘offence’, while going about his legitimate business, was to be in a white, rich area. I wish I could say this was a one-off. Unfortunately, we all know that’s not the case. Another time relates to the shocking mistreatment he got crossing a picket line. The work van was kept in a British Road Services Depot at Elephant and Castle. We both turned up on the day a lightning strike had been called by the Transport and General Workers Union. I understand emotions can run high in these situations, but there was no excuse for the barrage of racial abuse he took from sections of the crowd. He brushed it off with characteristic good humour, but the episode tainted my view of trade unions ever since.
As this is a criminology blog I should probably throw in an example of real-life criminality. It happened mid-morning one Friday following a drop-off in busy Bishopsgate. Returning to the van I noticed a castor wheel on the pavement. “Looks like it’s come from one of our sofas” I remarked. It had. When we pulled back the shutter, the van was empty. Everything we’d loaded up an hour ago was gone. Sofas, walnut dressers, rugs, porcelain table lamps, all cleaned out. The castor was all that was left! Robbed in broad daylight, next to a bus stop. In panicked disbelief we asked those in the queue if they’d seen anything but we were wasting our breath. It was left to Mr Farooqui, the long-suffering Despatch floor manager, to take the heat from angry customers as he rang round to tell them the good news. Needless to say, management weren’t impressed and dished out first and final written warnings. Soon after we went our separate ways.
Meanwhile, the overlap between black and white youth culture in London was being fostered in creative ways. Rock Against Racism (RAR), founded in 1976 along with the Anti-Nazi League (ANL), a year later, were both set up to combat a surge in far-right extremism. Music, especially the cross-over between various genres including punk and reggae, was an important enabler in that it found common ground from which more overtly political discussions could take place. I was one of the many thousands who, in April 1978, joined The Clash, Steele Pulse and others at Victoria Park, Hackney, in what was RAR’s finest hour. Also in the audience that day was Gerry Gable, the veteran anti-fascist campaigner and founder of Searchlight magazine, whose archive is hosted here at the University. I spoke to Gerry about this and he has very fond memories of the day and his role in helping it come about through his associations with both RAR and the ANL.
So, in the year of the Platinum Jubilee, has popular music culture continued as a positive force for race integration since the punky-reggae days of 77? It’s probably a PhD project or two (dozen), but Bob Marley sums it up for me nicely:
What did you say?
Rejected by society
Treated with impunity
Protected by my dignity
I search for reality
If by the search for reality we mean certainty, then how certain are we things have changed for the better? My experience is that, on average, they have, and that music has played its precious role in bring people closer together. The key here is “on average”. If by reality we mean a search for legitimacy, there is evidence to the contrary. Differences of course remain, and there is no room for complacency. The one pledge we must agree on though is to never stop searching – for melody, for rhythm, for harmony.