Police Discrimination

We rely on the police to prevent crime and to maintain public order, but what happens if their intuition is not always based on the available evidence? If an officer acts on bias rather than the available evidence, this could be unlawful discrimination, which is a breach of the Equality Act 2010.

Unlawful discrimination by the police means treating someone unfairly because of a protected characteristic, in a way that breaches the Equality Act 2010 and other legal duties. Police officers must not discriminate when exercising public functions such as stop‑and‑search, arrests, investigations, detentions, or any other policing activity.

Protected characteristics include; race, sex, disability, religion, sexual orientation, age, gender reassignment, pregnancy/maternity, marriage/civil partnership.

Unlawful discrimination by the police isn’t just a legal failure — it’s a  moral one with consequences that reach far beyond the individual encounter. Trust collapses, communities withdraw, and the legitimacy of policing itself is called into question.

 

 In this article we explore how discrimination shows up in police misconduct and the legal remedies available when it happens.

Police Misconduct: In Practice

Discrimination in policing is unlikely to be loud or obvious. It’s more often than not, a pattern of behaviour with regards to who gets stopped, who gets searched, who gets believed, and ultimately who gets arrested.

Discrimination by police officers can amount to misconduct, unlawful behaviour, and in some cases a breach of human rights.

Common Forms of Discriminatory Police Misconduct

  • Racially biased stop and search Using race, ethnicity, or appearance as the basis for suspicion is unlawful. Reasonable suspicion must be grounded in facts, not stereotypes.

  • Discriminatory arrest or detention Arrests made on biased assumptions rather than evidence can breach both domestic law and Article 5 of the European Convention on Human Rights.

  • Unequal treatment during investigations Dismissing complaints, failing to investigate crimes properly, or treating victims differently due to race, religion, gender, or disability can also amount to discrimination.

  • Harassment or racist language Any use of racist or discriminatory language by officers, even if indirectly, is misconduct and can be grounds for disciplinary action and civil claims.

The Legal Framework: What Makes Discrimination Unlawful?

Several legal routes protect individuals from discriminatory policing:

1. Equality Act 2010

Police officers are bound by the Equality Act when exercising their powers. Unlawful discrimination includes:

  • Direct discrimination (treating someone worse because of a protected characteristic)

  • Indirect discrimination (policies that disproportionately harm certain groups)

  • Harassment

  • Victimisation

2. Human Rights Act 1998

Discriminatory policing can breach:

  • Article 3 – degrading treatment

  • Article 5 – unlawful detention

  • Article 8 – respect for private life

  • Article 14 – prohibition of discrimination

3. Common Law Torts

Discrimination often overlaps with traditional civil wrongs:

  • False imprisonment

  • Assault and battery

  • Negligence

  • Misfeasance in public office (when officers act unlawfully knowing they are doing so)

These claims can lead to compensation and declarations of wrongdoing.

4. Police Regulations & Misconduct Procedures

Even if a civil claim isn’t pursued, discriminatory behaviour can trigger:

  • Internal misconduct investigations

  • Disciplinary hearings

  • Dismissal without notice

  • Referral to the Independent Office for Police Conduct (IOPC)

Remedies: What You Must Do If You Experience Discrimination

1. File a Police Complaint

You can complain directly to the force or to the IOPC. This can lead to:

  • Officer discipline

  • Retraining

  • Policy changes

  • Public findings of misconduct

2. Bring a Civil Claim

Civil claims can seek:

  • Compensation

  • Declarations of unlawful discrimination

  • Damages for distress, humiliation, or injury

  • Legal costs

Claims must usually be brought within six months under the Equality Act, and one year for Human Rights Act claims.

3. Judicial Review

If the issue involves a policy or systemic discrimination, judicial review can challenge:

  • Discriminatory stop-and-search practices

  • Biased operational policies

  • Failures to investigate crimes properly

4. Criminal Charges

If an officer’s conduct is severe — threats, violence, harassment — criminal charges may be possible.

Why These Remedies Matter

Discriminatory policing doesn’t just harm individuals; it undermines the rule of law. Legal remedies serve three purposes:

  • Accountability – ensuring officers cannot hide behind their uniform

  • Deterrence – discouraging future misconduct

  • Public confidence – reinforcing that policing must be fair, evidence‑based, and free from bias

Conclusion

Discrimination by the police is not just a breach of professional standards — it’s a breach of the law. There are multiple avenues to challenge it, from civil claims to human rights actions to formal complaints. Understanding these remedies empowers individuals and strengthens public accountability.