Law and Society Report: Discrimination Against Young Black Men

This report delves into the issue of racial discrimination faced by young black men, focusing on the legal and societal challenges they encounter. It examines the areas of discrimination, including stereotypes, prejudice, and the disproportionate use of stop and search powers by the police. The report analyzes key legislation, such as the Equality Act 2010 and the Police and Criminal Evidence Act 1984, highlighting their roles in addressing discrimination. Furthermore, it explores relevant case law, including R (Roberts) v Commissioner of Police of the Metropolis and R (Lumba) v Secretary of State for the Home Department, to illustrate the application of these laws. The report concludes by emphasizing the need for updated legislation and a more equitable criminal justice system to combat racial discrimination and its negative impacts on young black men and society.

Law Society
And Controversy

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
Issue and area of discrimination in the social group..............................................................3
Legislation..............................................................................................................................4
Case Law................................................................................................................................5
CONCLUSION................................................................................................................................6
REFERNCES...................................................................................................................................7

INTRODUCTION
The law and society is based on the belief that the formulated rules and decisions must be in
accordance with the society. The relationship led to the phrase ‘the effects of law affects the
society’. The social group examined under this report is “Young Black Men”. Mostly they face
racial discrimination which means discriminating an individual on basis of its protective
characteristics-colour, ethnicity, nationality origins or caste. The protest about racial justice in
United Kingdom set up the Commission on Race and Ethnic Disparities in order to examine
disparity.
The Lammy Review is an evidence which contains recommendations in respect of Black,
Asian and Ethnic minorities (BAME) and determines about the disparity in the criminal legal
system (Abbotts, 2020). The Lammy report even examined the racial biasness in the criminal
legal process. Also the police treats these diverse group in a partial way by using power
unlawfully upon them. The report examines the issue and area of discrimination in the social
group accompanied by legislations and case laws.
MAIN BODY
Issue and area of discrimination in the social group
“Young Black Men” is considered as social group to evaluate certain topics in the report.
The unequal and inhuman treatment on basis of ethnicity or race are some areas of
discrimination which is generally faced by the social group. The racial discrimination includes
stereotypes, racism, prejudice and other areas which does not require any underlying cause.
Almost all black community face such racism in the society including the children. There is no
such official policy statement or documents addressing serious problem of racial discrimination
against the black people. The result of discrimination is harassment, humiliation and
victimisation which is felt by the social groups or community. The reason is that they are being
called by the name racist. The adverse experiences of these social groups causes traumatising
effects. Such discrimination infringes the rights of black people such as right to privacy or to
freedom of movement and association. The major evidence is the stop and search power exercise
by the police against black people. During the last years the black people in England and Wales
were searched and stopped more as compared to white people which showed the discriminatory
impact on this social group (Lowe and Gullotta, 2020). This empowers the police to stop and

search without any reasonable suspicion and just on their stereotypes assumptions. Thus, the
background of the report encourages #Blacklivesmatter and do not supports the social
discrimination accompanied by social injustice in respect of the social group.
The Equality and Human Rights Commission (EHRC) is statutory body formulated under
the Equality Act, 2006. The main aim of the commission is to protect the rights of the social
groups or communities. Inequality and discrimination causes miscarriage of justice. This is
reason why the act and human rights is needed to end the disproportionate practices of police.
They are also discriminated at the place of work i.e. during the process of employment. This is
why the act and rights wants to see the end of discrimination along with the disproportionate use
of the power to stop and search by the police. Thus, in any case such power need to be exercised
by the police on the basis of reasonable suspicion.
Legislation
EQUALITY ACT, 2010
This act discourages the discriminatory practices and promotes fair and equal opportunity in
the society. The Britain act protects the individual or social groups from unfair and unlawful
practices (Theron, 2017). The Equality Act, 2010 defines the term ‘race’ as nationality, ethnicity,
colour or national origins. Race definition does not include caste but such discrimination can be
claimed under this act. The term also covers the racial groups and ethnic minorities. The
different types of discrimination in accordance with the act are as follows:-
 Direct Discrimination: It is defined under section 13 (1) of act as a result of being treated
unfairly or partially among others in the similar scenario due to the factor of race.
 Indirect Discrimination: Section 19 of act states that it occurs when the rules are
applicable to everyone but led someone with an unfair advantage.
 Harassment: This causes a situation in which an individual is being offended or
degraded in public place or in society.
 Victimisation: This led when an individual is treated badly just because a complaint is
lodged in respect of racial discrimination under the section of the Equality Act, 2010.
The legislation aims to promote individual or social group from unlawful practices. The act is
consist of many legislative pieces and is piled in a single framework. The racial discrimination of
young black men led to the violation of rights under this act. The act of discrimination is
unacceptable and is contrary to law. Thus, such discrimination done on the basis of appearance

which includes physical attributes is not justified under the eyes of law. The black people is
discriminated on the basis of their appearance, ethnicity, colour and origins.
POLICE AND CRIMINAL EVIDENCE ACT, 1984
Police has such wide powers to stop anyone and search in public which is unlawful British
Policing. In British policing with excess powers, young black men are facing racism by being
stopped and searched by police any time anywhere although black people population are more in
numbers than white people. Increase in this stop and search thing on black people, led to trust
issues in public against the British police. This stop and search practice is highlighting more in
these days because this is being practiced against the people from ethnic minority. The police
plays a vital role in providing the environment of freedom. In seeking to protect the rights of
people, police infringes their rights such as their right to movement and freedom. The
infringement by the police must be lawful and proportionate. The power to stop and search is
exercised by the police in England and Wales under the Police and Criminal Evidence Act, 1984.
Under section (1) of PACE Act, the police is empowered to stop and search the individual or
vehicle against whom they feel reasonable suspicion (Sacks, 2018). Further the section 60 and 66
of PACE requires State secretary to issue code (CODE A to H) in respect of good practice. The
police is carrying stop and search without decency or sensitivity causing harassment or
victimisation in the society. Further the commission that the police is using their power under
PACE is irrational and causing discriminatory practices among groups or communities. This
practice of stop and search is highlighted more in the last few years. Thus, being targeted by the
police because of the ethnicity or race or without reasonable suspicion led to mistrust in respect
of police in the minds of young black people.
Case Law
R (Roberts) v Commissioner of Police of the Metropolis and Anor [2015]
The case was brought before supreme court in December, 2015 to which court passed the
judgment in an appeal brought by person on whom the power to stop and search was exercised
under section 60 of the Criminal Justice and Public Order Act, 1994. In September 2010, a 37
years old lady belonging to African- Caribbean heritage, Mrs Roberts was stopped and searched
under section (60) of the act, by a police officer in Haringey. The police officer felt suspicious in
respect of serious crime involving prohibited articles. The lady failed to show her identification
and even gave a false name to ticket inspector in the bus. This caused the reason to conduct the

process (Cowley, 2019). Later Mrs Roberts claim a judicial review in respect of violation of her
rights under article (5), (8) and (14). The court refused to entertain the appeal of article (8) and
said that the search was made with a legitimate aim. The question raised in front of Supreme
Court was whether section (60) is in accordance with law.
R (Lumba) v Secretary of State for the Home Department [2011]
The supreme in this case considered the legal terms in respect of detaining foreign nationals
who has been imprisoned falsely. In this case the appellant was detained unlawfully. Their
detention was not on the basis on the basis of lawful decision. The police detained the appellants
which was inconsistent with the legislation. This failure of published policy led unlawful
freedom of individuals (Akbar, 2017). The tort in relation to false imprisonment was not taken
by applying lawful policy and not with reasonable decision. However, the appellants could be
detained under the published policy on a lawful decision. Such action not in accordance with the
law led to violation of the convention.
CONCLUSION
From the above report it is concluded that such discrimination is unacceptable and causes
negative ambiance in the society. The legislation need to be updated in accordance with the
changing environment. Also required to address effectively the problems faced by the young
black people in the society. Such humiliation and harassment causes a traumatising effect not
only in the minds of young adults but also adversely affects children. Further the police plays a
vital role in creating positive environment of freedom. The power to stop and search is exercised
by the police on the basis of stereotypes assumption without any reasonable suspicion. Thus, the
criminal justice system need to be upgraded with the evolving issues in the society.

REFERNCES
Books and Journals
Abbotts, J., 2020. Rocky Flats, plutonium, and controversy: Citizen activists provide institutional
memory. Remediation Journal. 30(4). pp.7-16.
Akbar, M., 2017. Urban trauma: A legacy of racism. Publish Your Purpose Press.
Cowley, C., 2019. The Conscience Wars; Rethinking the Balance between Religion, Identity,
and Equality: Edited by Susanna Mancini and Michel Rosenfeld. Pp. 493. Cambridge:
Cambridge University Press. 2018.£ 76. ISBN: 978-1107173309.
Lowe, J.T. and Gullotta, D.N. eds., 2020. Jonathan Edwards Within the Enlightenment:
Controversy, Experience, & Thought. Vandenhoeck & Ruprecht.
Sacks, T.K., 2018. Performing Black womanhood: A qualitative study of stereotypes and the
healthcare encounter. Critical Public Health. 28(1). pp.59-69.
Theron, L.C., 2017. The resilience processes of Black South African young people: A
contextualised perspective.