Analysis of the elements that shape police brutality and misconduct in the UK

By Xiong Shiyu (Dawn)

In the official statistics released by the Home Office on 31 March 2025, it is shown that the UK has seen an increase in the total number of finalised police misconduct from the year ending 31 March 2024. A similar trend is reflected in the total number of distinct identifiable officers being the subject of an allegation, implying that the number of individual police officers engaging in misconduct in the UK has also increased from 2024 to 2025^[1].

The Home Office gives reasons for these trends, such as increased public willingness to report misconduct, as well as an increase in the size of the police force. However, in this blog, I would like to examine the elements which shape the nature police brutality and misconduct in the UK, namely – (1) Inadequate safeguards for stop and search powers, and the disproportionate policing of ethnic minorities and its impacts, as well as (2) the entrenchment of racism and misogyny within police culture.

Inadequate safeguards for stop and search powers

The police is a branch of the state that is authorised to coercive force to enforce law and order. The power to stop and search is an example of this. An ordinary member of the public cannot refuse to be stopped and searched, and can be stopped from leaving if they tried to, provided that stop-and-search is done on reasonable grounds^[2].

It is a powerful tool that the police often use for investigatory and crime prevention purposes, as the aim of stop-and-search is to identify and neutralise possible threats – such as people carrying illegal drugs, weapons, or other dangerous items that can be used for crimes, before the crime can take place.^[3] However, the use of such a tool also incurs significant costs, especially since they are highly intrusive to a person’s right to liberty (freedom of movement), as well as privacy (since their personal belongings would be searched through, and they may be asked to remove their clothes if need be).

Section 1 of PACE 1984 (The Police and Criminal Evidence Act 1984)^[4] states that a police constable can only exercise the power of stop and search if they have reasonable grounds of believing that they would find stolen articles, weapons, items that can be used to commit crimes or illegal drugs. However, the statute fails to identify the precise definition of “reasonable”^[5], other than the narrow limitations that it must not be based on the physical characteristics, race, age and previous convictions alone.

This leads to a significant amount of room for discretion for the interpretation of the meaning of "reasonable grounds” across the police force, some more lenient than others, undermining the effect of s1 of PACE 1984 as a safeguard against the arbitrary use of stop-and-search powers^[6]. Furthermore, besides disciplinary proceedings within the police organisation, there is also a lack of statutory sanctions against police officers who do not appropriately use the powers of stop and search, other than in very serious cases^[7]. This creates an imbalance in power between the police and the general public, as police generally do not face legal sanctions for abusing stop-and-search powers, while refusing stop-and-search by the police is a criminal offence – increasing the coercive control held by the police.

This is especially significant, given that stop-and-search is inherently an adversarial process, involving a confrontation between the police and private individuals, and the intrusion of the process into the rights of an ordinary individual. Inappropriate uses of this power risks undermining trust in the legitimacy of the police, and damaging the relationship between the police and the public.

Discrimination against ethnic minority groups

The Baroness Casey Review of 2023 provides some insights into the internal culture of the Metropolitan Police Service in London, as well as the standards of behaviour of the police^[8]. With regards to racial discrimination, the report has found that racist views and beliefs permeate the Metropolitan police organisation.

The Casey Review has highlighted anecdotes from individual officers of colour, about how they were subject to more intensive security checks compared to other officers, and how they were often subject to stop-and-searches^[9]. Officers also voice out concerns regarding the lack of support of their colleagues towards racial liberation movements, such as the Black Lives Matter Movement, and the frequency of racist, homophobic and sexist comments on the police intranet^[10]. A Black female police officer has also recounted how even senior police officers engaged in racist conduct, calling a White woman who bought drugs from a Black person a “slag”, “[racial slur] lover” and “dirty woman”. ^[11] Similar behaviour has been observed in the police force of other regions in the UK, such as Warrington, where new recruits were found to repeat extreme racist rhetoric about Asians and Black people^[12].

Scholars have also discussed how such attitudes influence the way these officers approach policing. Empirical evidence over 3 decades from the 2000s indicate that police officers in the UK tend to lean into racial stereotypes of Black people, often believing that they are more prone to violent crime, disorderly, and more likely to carry illegal drugs or dangerous items.^[13] As such, it could be argued that such beliefs have resulted in the disproportionate policing of ethnic minority groups, particularly Black people in England. This is corroborated by the findings of the Inspectorate of Constabulary report.^[14]

And indeed, this is what happens in reality. Returning to the Baroness Casey Review, it is found that there is a great disparity of the use of police stop-and-search between White and Black Londoners, with the latter being at least 3.5 times more likely to be subject to such a procedure.^[15] Even though the Met has tried to justify the increased use of stop-and-search powers on the hypothesis that Black men are more likely to possess knives, be victims of knife crime, and that Black communities tend to live in areas with higher crime rates, the reality was that a majority of stop-and-searches do not lead to arrests or further action. The proportion of stop-and-searches that result in the seizure of a weapon is also small.^[16] The Review also highlights instances of misconduct on part of the officers when it comes to stop-and-searches involving members of ethnic minorities, such as stopping and searching a person based on their ethnicity, excessive use of force, as well as rude and uncivil behaviour during the process.^[17]

Conclusion

This blog is but a surface level analysis of the many complexities of the elements which shape police misconduct and brutality in the UK. However, three key components can be identified – the lack of proper regulation for the use of stop-and-search powers, the prevalence of racial stereotyping and racist beliefs among the police force, as well as the resulting disproportionate policing of ethnic minority communities, especially the Black community. Although the police have the duty of protecting the safety of ordinary citizens and enforcing the order of law, misconduct and disproportionality in policing has undermined the trust of the wider community in the police. Therefore, there is an urgent need to balance crime control and peacekeeping, and the rights of ordinary citizens.

References

1. Home Office. “Police Misconduct, England and Wales: Year Ending 31 March 2025.” GOV.UK, 22 Jan. 2026,www.gov.uk/government/statistics/police-misconduct-england-and-wales-year-ending-31-march-2025/police-misconduct-england-and-wales-year-ending-31-march-2025.

2.  Government Digital Service. “Police Powers to Stop and Search: Your Rights.” GOV.UK, 24 Aug. 2011, www.gov.uk/police-powers-to-stop-and-search-your-rights/police-powers-stop-search

3. The Police and Criminal Evidence Act 1984, s1

4. Bowling, Ben, and Coretta Phillips. “Disproportionate and Discriminatory: Reviewing the Evidence on Police Stop and Search.” Modern Law Review, vol. 70, no. 6, Nov. 2007, pp. 936–961, https://doi.org/10.1111/j.1468-2230.2007.00671.x.

5.  Casey, Louise. “An Independent Review into the Standards of Behaviour and Internal Culture of the Metropolitan Police Service.” Mar. 2023.

6. Her Majesty’s Inspectorate of Constabulary, “Winning the Race: Policing Plural Communities. HMIC Thematic Inspection Report on Police Community and Race Relations” (London: Home Office, 1997)

^[1]Home Office. “Police Misconduct, England and Wales: Year Ending 31 March 2025.” GOV.UK, 22 Jan. 2026,www.gov.uk/government/statistics/police-misconduct-england-and-wales-year-ending-31-march-2025/police-misconduct-england-and-wales-year-ending-31-march-2025.

^[2] Government Digital Service. “Police Powers to Stop and Search: Your Rights.” GOV.UK, 24 Aug. 2011, www.gov.uk/police-powers-to-stop-and-search-your-rights/police-powers-stop-search.

^[3] Home Office, n 1

^[4] The Police and Criminal Evidence Act 1984, s1

^[5] Bowling, Ben, and Coretta Phillips. “Disproportionate and Discriminatory: Reviewing the Evidence on Police Stop and Search.” Modern Law Review, vol. 70, no. 6, Nov. 2007, pp. 936–961, https://doi.org/10.1111/j.1468-2230.2007.00671.x.

^[6] Bowling, n 5

^[7] Ibid

^[8] Casey, Louise. “An Independent Review into the Standards of Behaviour and Internal Culture of the Metropolitan Police Service.” Mar. 2023.

^[9] Ibid 

^[10] Ibid

^[11] Ibid

^[12] Ibid

^[13] Bowling, n 5

^[14] Her Majesty’s Inspectorate of Constabulary, “Winning the Race: Policing Plural Communities. HMIC Thematic Inspection Report on Police Community and Race Relations” (London: Home Office, 1997)

^[15] Casey, n 8

^[16] Ibid 

^[17] Ibid