Child Q told she ‘may be arrested' if she did not consent to search, panel hears

Western Telegraph

2 days ago

The girl, known as Child Q, was strip searched by officers in Hackney, east London, on December 3 2020 after her school wrongly suspected her of carrying cannabis.
This involved the removal of the 15-year-old's clothing including underwear, her bending over and having to expose intimate parts of her body while she was menstruating, the panel heard.
Trainee detective constable (TDC) Kristina Linge, Pc Victoria Wray and Pc Rafal Szmydynski, who were all Pcs at the time, all deny gross misconduct over their treatment of the girl.
On Thursday, TDC Linge, who conducted the strip search alongside Pc Wray, told the misconduct panel in London she informed Child Q she 'might be arrested' when the girl asked what could happen if she refused to be searched, but that there had been 'no threat of arrest'.
'Will you accept you were giving Child Q the option of being strip searched or arrested?' Elliot Gold, for the Independent Office for Police Conduct (IOPC), asked.
'There were no options given like that,' the officer replied.
'Do you accept that saying that to a 15-year-old might make them feel frightened?' Mr Gold continued.
'Yes,' TDC Linge responded.
'Do you accept that saying that to a 15-year-old might make them feel under duress?' he asked.
'Potentially,' she responded.
The spinning sign outside the headquarters of the Metropolitan Police, New Scotland Yard, in central London (Jordan Pettitt/PA)
The panel heard that when asked previously what the officer had proposed to do if she found cannabis on Child Q, TDC Linge had answered: 'As per legislation, a juvenile found in possession must be arrested and brought to custody'.
TDC Linge previously said Child Q had 'consented' to the search, but admitted under cross-examination on Thursday that this was not accurate.
The officer confirmed she had completed equality training, including on unconscious bias and discriminatory stereotypes, and said she was 'aware' of stereotypes relating to black people.
She told the hearing she did not 'see the relevance' of the fact Child Q was being questioned by two white police officers.
Mr Gold asked: 'Would you accept that a stereotype of black people is they may more likely to be stopped and searched?'
'No,' TDC Linge replied.
'Would you accept that a stereotype of black people is they are more likely to be in receipt of use of force by police?' he continued.
'No,' she responded.
The 46-year-old agreed there was no adult present in the room where the search happened who could have offered the child advice, assisted her in communication with police or ensured her rights were respected.
TDC Linge denied she 'did not recognise Child Q as a child' and was, in effect, 'treating her as older than she was'.
The former Pc previously admitted a series of failings in her actions during the incident, including not making a record of the search or considering proportionality, and recognised the search should not have happened, accepting it had caused the child 'harm and distress'.
When asked whether she would have done anything differently had the circumstances been 'exactly the same' but Child Q had been white, TDC Linge replied: 'No.'
The officer said that upon her arrival at the school, the deputy safeguarding lead was 'adamant' that the girl had cannabis on her and that the headteacher said she wanted to 'make sure' she was not 'carrying drugs for herself or others'.
TDC Linge said she suspected Child Q was carrying a 'small amount' of cannabis, based on what she could smell and information from teachers.
The panel heard the child informed the two officers who searched her that she was menstruating, but the search continued during which her sanitary pad was exposed.
When no drugs were found after the strip search, Child Q's hair was also scoured.
According to the allegations, Pcs Linge and Szmydynski performed a search that exposed the girl's intimate parts when this was 'disproportionate in all the circumstances'.
Pcs Linge and Wray are also accused of performing or allowing the search in a manner which was 'unjustified, inappropriate, disproportionate, humiliating and degrading'.
All of this happened without authorisation, in the absence of an appropriate adult, and with no adequate concern being given to Child Q's age, sex, or the need to treat her as a child, and that the child's race was an effective cause of this, it is also alleged.
Pcs Szmydynski and Linge are further accused of giving a 'misleading record' of the search afterwards.
On Wednesday, TDC Linge told the hearing she did not accept accusations of breaches of respect of authority and respecting courtesy.
The girl will not be giving evidence at the tribunal 'because of the psychological effects that this strip search has had on her', the panel previously heard.
Outrage over Child Q's treatment led to protests outside Stoke Newington Police Station.
Scotland Yard has previously apologised over the incident.
The hearing continues.