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Know your rights
Everyone has the right to live free from racist abuse, discrimination, intimidation,
harassment and attack. Racism is a criminal offence.
Racist attacks and violence
The Crime and Disorder Act 1998 created 'racially aggravated offences',
concerning offences such as harassment, assault, grievous bodily harm, and
criminal damages. These carry significantly higher penalties.
Threatening, abusive or insulting language or behaviour
Threatening, abusive or insulting language or behaviour in order to stir
up racial hatred is a criminal offence under the Public Order Act 1986.
This includes distributing racist leaflets. All suspected criminal offences
and any racist incident should be reported to the police.
Racist harassment
Harassment is prohibited under the Protection from Harassment Act 1997.
An injunction may also be sought to stop the harassment and courts may award
damages for any anxiety and financial loss resulting from the harassment.
Racist discrimination
Under the 1976 Race Relations
Act, it is unlawful to discriminate against
anyone on grounds of race, colour, nationality (including citizenship),
or ethnic or national origin. Racial discrimination, harassment, abuse
and violence in stop and search, employment, education, housing, the provision
of goods, facilities and services and the functions of public authorities
is outlawed.
If you have been discriminated against, you need to act quickly
- there are
time limits for bringing cases. You should gather as much evidence as you
can.
Institutional racism
The 2000 Race Relations (Amendment) Act was introduced following the enquiry
into the racist murder of London student Stephen Lawrence and the subsequent
institutionally racist police investigation. The Act places a statutory
duty on public authorities to have 'due regard' to the need to eliminate
unlawful racial discrimination, to promote equality of opportunity, and
to promote good relations between people of different racial groups.
Authorities
bound by the legislation include government departments, the Scottish Administration,
the National Assembly of Wales, the Armed Forces,
the NHS, local authorities, governing bodies of publicly funded schools
and colleges, the Housing Corporation, Scottish Homes, and police authorities.
Private
or voluntary organisations do not have this obligation.
For a detailed
breakdown of your legal rights please see the Commission for Racial Equality website.
Stop
and search
The police have powers to stop and search individuals if they had 'reasonable
grounds' that a person has engaged in a criminal act. In addition to
these powers, the police Section 44 of the Terrorism Act 2000 allows the
police
to stop and search anyone in a specific area.
The power to stop and search under anti-terrorism powers should only
be used when there is evidence of a specific terrorist threat. It should
not
be simply an addition to the day to day powers of officers.
The number of people being stopped and searched has risen significantly
over the past year including a vastly disproportionate number of Black
people.
The government-appointed independent reviewer of terrorism legislation,
Lord Carlile QC, said stop and search was a valuable tool - but was being
used too widely.
YOUR RIGHTS UNDER SECTION 44:
•
The police can only give you a pat down, remove outer clothes (eg jacket,
hat), search your bags and have you empty your pockets
•
You do not have to give your name and address
•
You do not have to explain why you are there
•
You are not allowed to flee the search, but you are not required to be
actively compliant. You are allowed to 'go limp' as passive resistance
during the search if you wish not to comply
•
There is no permission to collect DNA data during the search
•
You do not have to comply with any attempt to photograph or record you
•
Women cannot be touched by male police during these searches
•
Make notes about the officers searching you - name, number and police
force
•
Note the time and the events preceding the search
•
Note the specific wording used by the police to explain their authority
to search you
•
Ask the police for the reason that they are searching you. Specifically,
are they searching for terrorists or are they simply trying to deter,
delay or inconvenience you?
Afterwards:
•
Hold on to the Search Record or any other documentation the police give
you (or note if you don't receive one)
•
Make brief notes about the search while you still remember all the details
•
Do not write anything down on the day that you don't want disclosed to
the police. Police may search you again and be able to read anything that
you have written down
•
Consider making a complaint to the Independent Police Complaints Commission
•
Write to Lord Carlile, the independent monitor of the implementation of
anti-terrorism legislation (Lord Carlile of Berriew QC, The House of Lords
London SW1A 0AA)
•
Consider pressing charges if the officers used unnecessary force during
the search
Please see Liberty’s website for further details.
Your rights as a victim of crime
The Home Office has produced a guide to your rights as a victim of crime
- Code of Practice for Victims of Crime downloadable here. The document
sets out the minimum standards of service your are legally entitled to receive
from each of the criminal justice agencies. For example, you are entitled
to be kept up-to-date on the progress of your case, when someone is arrested
for the crime, charged, bailed and sentenced. It details the special services
available for vulnerable and intimidated victims. It also sets out the steps
you can take to complain about your treatment in the criminal justice sytem.
Some of the key requirements of the Code include:
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a right to information about the crime within specified time scales, including
the right to be notified of any arrests and court cases
•
a dedicated family liaison police officer to be assigned to bereaved relatives
•
clear information from the Criminal Injuries Compensation Authority (CICA)
on eligibility for compensation
•
all victims to be told about Victim Support and either referred on to them
or offered their service
•
an enhanced service for vulnerable or intimidated victims
•
the flexibility for victims to opt in or out of services to ensure they
receive the level of service they want
The agencies bound by the Code of Practice are:
All police forces for police areas in England and Wales, the British Transport
Police and the Ministry of Defence Police; Crown Prosecution Service; Her
Majesty's Court Service; joint police/Crown Prosecution Service Witness Care
Units; Parole Board; Prison Service; Local Probation Boards; Youth Offending
Teams; Criminal Compensation Authority; Criminal Injuries Compensation Appeals
Panel; Criminal Cases Review Commission
For further information about your rights please visit the criminial justice
system website.
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