High Court told BME people are being stopped-and-search disproportionately

In a landmark legal case, the High Court has been told that police stop-and-search powers are being used disproportionately against black people in London without any adequate explanation. The accusation was made by Ann Juliette Roberts who has launched the landmark legal challenge.

Ann Juliette Roberts, 38, from north London, who works as a Special Needs Assistant was restrained face-down on the floor and handcuffed after she refused to be searched in 2010. Roberts is seeking a ruling that the way the Metropolitan Police exercises its powers to tackle knife and gang crime is "incompatible" with human rights laws.

Hugh Southey QC, appearing for Mrs Roberts, told two judges:

This power is used in a disproportionate way against black people, and black people in London in particular. We say there are no adequate explanations for that.

Mr Southey said Mrs Roberts, who has a grown-up son, was of good character with no previous convictions or cautions.

In September 2010, Mrs Roberts was travelling home from work by bus when an inspector queried her Oyster card, asked her to get off the bus and show identity documents. The inspector asked for police assistance, later saying she had done so because she had come across a number of middle-aged females who carried knives for their protection and was suspicious of what Mrs Roberts might have in her bag, given her reluctance to open it.

The court heard that Mrs Roberts then clashed with Met officers after they insisted on searching her bag, saying the area was a "hot spot" for gang violence and knife possession. Mr Southey said Mrs Roberts had told one officer, Pc Jacqui Reid, that she did not mind being searched, but would prefer it to be conducted at a police station as young people with whom she worked might see her being searched in the street.

A struggle followed, other officers arrived and Mrs Roberts was restrained face down on the floor and force was applied as she was handcuffed, the court heard.

Bank cards were found in her bag in three different identities, to which she said they were in her maiden name, married name and the name of her son. She was then arrested on suspicion of fraud and taken to Tottenham police station while officers searched her home. However, no further action was taken over the bank cards and she was cautioned for obstructing a police search. Later, her solicitors wrote letters and the caution was expunged.

Mr Southey argued before Lord Justice Moses and Mr Justice Eady, sitting in London, that section 60 of the 1994 Act and the powers to search without reasonable suspicion were incompatible with the European Convention on Human Rights - in particular Articles 5 and 8, which protect the right to liberty and respect for privacy. He also argued the "disproportionate" use of section 60 searches against black Londoners breached Article 14, which protects against discrimination.

Home Office lawyers are submitting to the court that Section 60 provides "a lawful, fair and important stop-and-search power" directed at discovering knives and other offensive weapons. They argue that Mrs Rogers was "fare-dodging". They contend she was caught by a TfL ticket inspector and falsely stated that she had no identification documents with her. Jeremy Johnson QC, appearing for the Metropolitan Police, said the search process did not infringe on her human rights as the process lasted a few minutes and did not amount to an interference of her right to respect for her private life.

He said the use of statistics to show black people were being disproportionately searched was "misplaced" as the arrest rate suggested the power was being used consistently in respect of different ethnic groups.

In written submissions to the court, Met lawyers have said stop and search provides "a lawful, fair and important stop and search power" directed at discovering knives and other offensive weapons.

They argue that Pc Reid had been involved that day in the search of a woman of a similar age to Mrs Rogers and her subsequent arrest for possession of a firearm, CS gas and razor blades.

The hearing continues.

Francine Fernandes