The Controversial policing Bill in England & Wales

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Faizah Gilani

A controversial policing bill has evoked a mixture of emotions among people from all walks of life. The police, crime, sentencing, and courts Bill covers several areas that includes major government proposals on crime and justice in England and Wales. But parts of the bill have been identified as a cause for concern, the right to protest finding itself at the centre of debate.

The bill will give the police more powers to deal with non-violent protests and place more conditions on static protests. Time and noise limits could be imposed, and a fine of £2,500 could be given to those that do not act in accordance with police rules.

The bill passed the first hurdle after MPs voted 359-263 in favour of the legislation.  But Human Rights organisations and other groups have slammed the new bill, calling it a clampdown on the right to protest and freedom of speech.

People from all walks of life are voicing their displeasure against the “draconian” measures in this policing bill, with “kill the bill” demonstrations taking the streets to send a strong and clear message to the government; the bill undermines their right to peaceful protest.

Emotions have been high in the wake of the crackdown on a vigil for Sarah Everard, a young woman murdered as she walked home. The police used heavy handed tactics against women attending the vigil. It was bad optics for the police, especially considering the fact that a policeman has been charged with the young woman’s murder.

The aggressive approach by the police and scenes of girls and women being forcibly removed from the vigil opened up a conversation over misogyny that exists within the force as an institution, and how it can subconsciously discriminate  against women, without even realising that its actions pose a problem.

The conversation has also extended to how the new policing bill will tackle gender-based violence. Women’s rights organisations have expressed fears that the bill disregards domestic and sexual abuse survivors. Hannah Couchman, senior legal officer at prominent women’s right organisation, Rights of women, believes that the bill fails to help girls and women who have suffered violence or harassment.

There is now a growing argument that the deep-rooted problems of violence towards women have not been properly addressed in this bill. But Prime Minister Boris Johnson has defended it, saying that the legislation was a “very sensible package of measures.” Separate measures are also being introduced to make girls and women feel safer. This includes investing £11 million on sexual violence advisors, more street lighting and plain clothes policemen patrolling bars.

But women’s rights campaigners see this as deflection, with the government failing to address the real issues. According to a recent survey by UN women UK, 97% of UK women have been sexually harassed, a truly shocking statistic. It highlights the gravity of the situation within the UK, and why a superficial response will not tackle the issue.

Campaigners and activists are also warning that the new policing bill will only add to the deep-rooted racial inequality within the criminal justice system. It is a system that continues to fail marginalised members of society. On the issue, Nina Champion, director of the Criminal Justice Alliance has said, “these unnecessary and discriminatory changes to sentencing and police powers will deepen existing racial inequalities, sweeping more Black, Asian and minority ethnic people into the criminal justice system for increasing periods of their lives.

They will also miss out on the more positive proposal in the bill. Initiatives to divert people from the criminal justice system into community rehabilitation depend on a guilty plea, and we know Black, Asian and minority people are less likely to plead guilty due to mistrust in the system. Rather than reducing racial inequality, as the government has committed to do, this bill does the complete opposite.”

Many parts of the policing bill raise questions, and all of them are interlinked. The right to protest is a Human Right and is at the heart of any democratic society. A clampdown on protests undermines democratic values that the country takes great pride in.

It is disturbing that the current Home Secretary who referred to the Black Lives Matter protests as “dreadful,” will get to decide whether protests are causing disruption. The idea that even peaceful protests can be banned simply because they are deemed “annoying” or disruptive,” is outrageous. Criticism that suggests the bill paints a picture of authoritarianism is valid.

Also, the concern that this bill will impact those that are marginalised, vulnerable, or perceived as soft targets within society is something that the government must consider. It must listen to what women have to say and take on board their grievances, if it genuinely wants to bring about real change.

The government must work together with women’s rights organisations, especially in the wake of Sarah Everard’s murder. The statistics for sexual harassment and violence against girls and women in the country is appalling. It shows just how awful the situation is, and that real and concrete action must be taken for girl and women to feel safe and secure on the streets.

If a bill says defacing a statue gets a person 10 years, but a rapist only 5, that says a lot about the criminal justice system. A bill that protects statues more than women is something for the government to ponder over. We need a society where its criminal justice system is there to help, not work against its people. The law should not be used as a weapon against marginalised and vulnerable people of society.

The writer has studied History and Politics at Queen Mary, University of London. And Near and Middle East Studies at SOAS, University of London.