Gloucestershire Constabulary Response to the Criminal Justice Alliance Section 60 report

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Report on the Criminal Justice Alliance’s super-complaint

Recommendation	Current force position or activity needed to address
Recommendation 1 By 14 June 2024, chief constables should make sure their forces review the content of training on section 60 of the Criminal Justice and Public Order Act 1994 and how they provide it. The review should consider current national police curriculum requirements and the adequacy of force training for: officers who may be required to authorise section 60s; and officers who may be required to conduct section 60 stop and searches. The review and any associated actions should be proportionate to each force’s use of section 60.	The Constabulary has a Standard Operating Procedures online document to help guide any Inspector and above with section 60 authorities. However, there is no specific training package for officers who are promoted to Inspector or Continued Professional Development to train this rank in relation to section 60 authorities. Our Learning and Development Department have identified the requirement to add specific training regarding section 60 into a new course entitled “Middle Line Leadership”. This is still in development and no specific date has been identified for the introduction of the course. All officers who are public order trained to level 3 or are a Bronze, Silver, or Gold commander receive training linked to Section 60 authorities though as specified in the NPCC curriculum for public order training.
Recommendation 3 By 14 June 2024, chief constables should make sure briefing and debriefing arrangements for their force’s activities under section 60 of the Criminal Justice and Public Order Act 1994 are thorough and in line with Police and Criminal Evidence Act 1984 Code A and authorised professional practice content and guidance. Chief constables must make sure section 60 authorisation briefings are recorded. This may be as a written briefing. But formal verbal section 60 authorisation briefings should be given on audiovisual devices such as body-worn video or approved handheld communication devices. They should be capable of being recorded as part of the policing operation and be subject to scrutiny. Section 60 briefings to officers who are required to use their stop and search powers should include information on: the relevant law and guidance; the particular grounds for authorising the use of section 60 stop and search powers; all relevant and current information and intelligence; the geographical area covered and time limitations authorised; all relevant community information (including policing history) and any community impact assessment; how any debriefing and force learning will be conducted; and the importance of recording all section 60 stop and search encounters on body-worn video in their entirety.	The Constabulary has have a Standard Operating Procedures online document to help guide any Inspector and above with regards to section 60 authorities. The Constabulary has electronic voice recorders and Body Worn Video (BWV) available either as personal issue or as a pool device for all officers who authorise section 60 authorities. Whenever a section 60 authority is given, officers are expected to record the authority and rationale either on an audio recorder or BWV. If authority for a section 60 was given verbally over the radio, then this would also be recorded as all radio transmissions are recorded. If details of a section 60 authority needed to be communicated with the wider organisation, the Communications and Engagement Department would ensure that information was published in the Force Bulletin, via Force Email and on the intranet. The Constabulary has a singular electronic storage system to ensure records in connection with section 60’s can be auditable. The Constabulary's Stop Search policy states that all searches should be captured on an officer's BWV. All BWV is retained in line with MOPI requirements.
Recommendation 4 By 14 June 2024, chief constables should make sure all officers who may exercise stop and search powers understand, and comply with, their responsibility to safeguard children who are stopped and searched. In doing so, chief constables should make sure that: in line with the national policing curriculum, officers undertaking searches are appropriately trained to take the necessary steps to minimise any emotional harm that may be caused through these encounters; their force has processes in place to assist appropriate safeguarding referrals when children are stopped and searched; and there is robust checking and assessment of all such searches that takes account of the safety and welfare needs of the child.	Learning and Development have a detailed training plan to deliver training to all new constables in line with national curriculum guidance to cover Stop Search training. L&D also provide regular stop search training packages to officers on as part of their continuous professional development. When there are significant changes in legislation, policy, or guidance, the organisation will also communicate this via audio and written document sharing. Training records are held on Learning and Development Training records. Stop Search training is also conducted during PPST on an annual basis in accordance with National Guidance. If officers were to search a child and they felt that they needed to put in place a safeguarding referral then they would complete a VIST form to share the concern internally and its external partner’s. Searches by officers are all reviewed by the officers’ supervisor. In addition to this Inspectors are instructed to randomly sample some searches and pay attention to searches which could attract greater public concern such as those on children. The themes of Stop Search Scrutiny analysis by the Stop and Search Scrutiny Panel can be adjusted to occasionally review stop searches on children. If children are stopped as part of a Section 60 authority then all persons stop searched will undergo a similar performance and scrutiny of the records and BWV following; the supervisor, an Inspector, the community stop search scrutiny panel.
Recommendation 5 By 14 June 2024, chief constables should make sure forces effectively communicate with communities and interested parties on the police use of section 60 stop and search powers. This should include: making sure communications reach the communities most likely to be affected by the section 60 authorisation and checking their communication strategies were effective; publicising details to inform the public, give reassurance and maximise any deterrent effect; and reporting back to communities and interested parties on operational outcomes.	When a section 60 authority is granted, the authorising officer is responsible for ensuring that the following is carried out: Advise the independent advisory group and then retrospectively take the decision to the Community Stop and Search Scrutiny Panel Advise the local Councillors and MP’s Advise the independent Chair of the Community Legitimacy Panel (External member) Whenever a section 60 is authorised, the Communications and Engagement Team will be responsible for developing a communications plan and would be expected to share this with our local communities to ensure that they were informed and reassured as to the reasons why the authority was necessary. Within one month of the conclusion of a section 60 authority, the reasons why it was granted will be supplied, as a matter of course, to the Community Scrutiny Panel so that they can consider the circumstances and offer feedback to the Constabulary.
Recommendation 7 By 14 June 2024, chief constables should satisfy themselves that their force gives community scrutiny panels (or their equivalents) all relevant information to help them scrutinise police stop and searches and other police actions arising from section 60 authorisations. This should include: the grounds and underlying reasons for the authorisations; any recordings of briefings; written records of searches; information about the outcomes of searches; and body-worn video footage of entire encounters. In addition, chief constables should satisfy themselves that their force incorporates feedback from community scrutiny panels (or their equivalents) when evaluating and improving the force’s use of section 60.	Section 60 Post implementation of any Section 60 requires the authority to be scrutinised by the diverse public scrutiny panel within a month of authority being given. The panel will be provided with all the intel and information that can be disclosed based upon security clearance. The Community Stop and Search Scrutiny Panel that oversees this scrutiny will have the minutes and decisions publicised on the Constabulary External Single on line home. The Community Stop and Search Scrutiny Panel will have access to view BWV of any search conducted utilising a section 60 power. General Stop Search Local Inspectors dip sample Stop Search forms each month and submit a report which is considered by our force lead for Stop Search who presents the findings at a meeting which is called the Legitimacy and Lessons Learned meeting which is chaired by the Head of PSD. Public scrutiny of Stop Searches takes place through the Community Stop and Search Scrutiny Panel which is held monthly and consists of volunteers from the community. The panel selects Stop Search events at random and provide feedback on the officers’ performance along with whether the search was legal and ethical. The Community Stop Search Scrutiny Panels are given access to the Stop Search form and Body Worn Video.
Recommendation 8 By 14 June 2024, chief constables and where applicable police and crime commissioners (or equivalents) should make sure their forces work in partnership with community scrutiny panels (or their equivalents) to: review panel membership and vetting arrangements to remove any unnecessary barriers to recruiting panel members; promote the recruitment of culturally diverse members, with a particular focus on representing, involving and retaining those from under-represented communities and young people; promote the representation, involvement and retention of those who have been stopped and searched; make sure the force gives community scrutiny panels information on the police use of force, including handcuffing, relevant to the police use of stop and search powers; make sure they support and help community scrutiny panels to review section 60 authorisations, searches, community impact assessments and associated complaints; give members appropriate training and support to help them effectively carry out their role scrutinising all stop and searches, taking account of the effect the role could have on them; and provide the right level of police representation at panel meetings to support and advise as required, and to make sure the panels feedback helps to improve both individual officer and organisational learning.	The Constabulary has ensured that a representative from the Office of the Police and Crime Commissioner (OPCC) is routinely invited to the monthly Community Stop Search Scrutiny Panel. The panel members are not required to be vetted but they are required to sign confidentiality agreements. Meetings of the Community Stop and Search Scrutiny Panel have deliberately been held at locations other than police headquarters. Locations have included the University of Gloucestershire, the Music Works (a community project aimed at encouraging young people to participate in making music) and other locations across the community. The panel is made up from diverse sections of the community which to ensure that the panels held on a monthly basis and those held in Universities and the Music works have persons from different genders, ages, ethnicity, and persons that may have previously been searched by the police The Constabulary has a Use of Force Scrutiny panel which examines all instances when officers have used force and considers whether the use was lawful and appropriate. Feedback is given to officers when appropriate. In late 2023 the Community Stop and Search Scrutiny Panel were provided with bespoke training to explain their remit and provided with an overview of all policing powers connected with all forms of searching of persons and property. The Community Stop and Search Scrutiny Panel consists mainly of members of the local community, along with a number of Constabulary employees and officers who are responsible for implementing recommendations made by the Panel.
Recommendation 10 Within 56 days of the publication date of this report (09/02/2024), the National Police Chiefs’ Council, the Association of Police and Crime Commissioners and the Home Office should inform His Majesty’ Inspectorate of Constabulary and Fire & Rescue Services, the Independent Office for Police Conduct and the College of Policing how they intend to respond to the recommendations. Within 56 days of the publication date of this report, (09/02/2024) forces should publish on their websites an explanation of how they have responded or will respond to the recommendations. Forces should send to the National Police Chiefs’ Council links to where this information can be found.	This will be completed once final submission of this report is made.

Recommendation

Current force position or activity needed to address

Recommendation 1

By 14 June 2024, chief constables should make sure their forces review the content of training on section 60 of the Criminal Justice and Public Order Act 1994 and how they provide it.

The review should consider current national police curriculum requirements and the adequacy of force training for:

officers who may be required to authorise section 60s; and
officers who may be required to conduct section 60 stop and searches.

The review and any associated actions should be proportionate to each force’s use of section 60.

The Constabulary has a Standard Operating Procedures online document to help guide any Inspector and above with section 60 authorities. However, there is no specific training package for officers who are promoted to Inspector or Continued Professional Development to train this rank in relation to section 60 authorities.

Our Learning and Development Department have identified the requirement to add specific training regarding section 60 into a new course entitled “Middle Line Leadership”. This is still in development and no specific date has been identified for the introduction of the course.

All officers who are public order trained to level 3 or are a Bronze, Silver, or Gold commander receive training linked to Section 60 authorities though as specified in the NPCC curriculum for public order training.

Recommendation 3

By 14 June 2024, chief constables should make sure briefing and debriefing arrangements for their force’s activities under section 60 of the Criminal Justice and Public Order Act 1994 are thorough and in line with Police and Criminal Evidence Act 1984 Code A and authorised professional practice content and guidance.

Chief constables must make sure section 60 authorisation briefings are recorded. This may be as a written briefing. But formal verbal section 60 authorisation briefings should be given on audiovisual devices such as body-worn video or approved handheld communication devices. They should be capable of being recorded as part of the policing operation and be subject to scrutiny.

Section 60 briefings to officers who are required to use their stop and search powers should include information on:

the relevant law and guidance;
the particular grounds for authorising the use of section 60 stop and search powers;
all relevant and current information and intelligence;
the geographical area covered and time limitations authorised;
all relevant community information (including policing history) and any community impact assessment;
how any debriefing and force learning will be conducted; and
the importance of recording all section 60 stop and search encounters on body-worn video in their entirety.

The Constabulary has have a Standard Operating Procedures online document to help guide any Inspector and above with regards to section 60 authorities.

The Constabulary has electronic voice recorders and Body Worn Video (BWV) available either as personal issue or as a pool device for all officers who authorise section 60 authorities.

Whenever a section 60 authority is given, officers are expected to record the authority and rationale either on an audio recorder or BWV.

If authority for a section 60 was given verbally over the radio, then this would also be recorded as all radio transmissions are recorded.

If details of a section 60 authority needed to be communicated with the wider organisation, the Communications and Engagement Department would ensure that information was published in the Force Bulletin, via Force Email and on the intranet.

The Constabulary has a singular electronic storage system to ensure records in connection with section 60’s can be auditable.

The Constabulary's Stop Search policy states that all searches should be captured on an officer's BWV.

All BWV is retained in line with MOPI requirements.

Recommendation 4

By 14 June 2024, chief constables should make sure all officers who may exercise stop and search powers understand, and comply with, their responsibility to safeguard children who are stopped and searched.

In doing so, chief constables should make sure that:

in line with the national policing curriculum, officers undertaking searches are appropriately trained to take the necessary steps to minimise any emotional harm that may be caused through these encounters;
their force has processes in place to assist appropriate safeguarding referrals when children are stopped and searched; and
there is robust checking and assessment of all such searches that takes account of the safety and welfare needs of the child.

Learning and Development have a detailed training plan to deliver training to all new constables in line with national curriculum guidance to cover Stop Search training.

L&D also provide regular stop search training packages to officers on as part of their continuous professional development. When there are significant changes in legislation, policy, or guidance, the organisation will also communicate this via audio and written document sharing.

Training records are held on Learning and Development Training records.

Stop Search training is also conducted during PPST on an annual basis in accordance with National Guidance.

If officers were to search a child and they felt that they needed to put in place a safeguarding referral then they would complete a VIST form to share the concern internally and its external partner’s.

Searches by officers are all reviewed by the officers’ supervisor. In addition to this Inspectors are instructed to randomly sample some searches and pay attention to searches which could attract greater public concern such as those on children.

The themes of Stop Search Scrutiny analysis by the Stop and Search Scrutiny Panel can be adjusted to occasionally review stop searches on children.

If children are stopped as part of a Section 60 authority then all persons stop searched will undergo a similar performance and scrutiny of the records and BWV following; the supervisor, an Inspector, the community stop search scrutiny panel.

Recommendation 5

By 14 June 2024, chief constables should make sure forces effectively communicate with communities and interested parties on the police use of section 60 stop and search powers. This should include:

making sure communications reach the communities most likely to be affected by the section 60 authorisation and checking their communication strategies were effective;
publicising details to inform the public, give reassurance and maximise any deterrent effect; and
reporting back to communities and interested parties on operational outcomes.

When a section 60 authority is granted, the authorising officer is responsible for ensuring that the following is carried out: Advise the independent advisory group and then retrospectively take the decision to the Community Stop and Search Scrutiny Panel
Advise the local Councillors and MP’s
Advise the independent Chair of the Community Legitimacy Panel (External member)

Whenever a section 60 is authorised, the Communications and Engagement Team will be responsible for developing a communications plan and would be expected to share this with our local communities to ensure that they were informed and reassured as to the reasons why the authority was necessary.

Within one month of the conclusion of a section 60 authority, the reasons why it was granted will be supplied, as a matter of course, to the Community Scrutiny Panel so that they can consider the circumstances and offer feedback to the Constabulary.

Recommendation 7

By 14 June 2024, chief constables should satisfy themselves that their force gives community scrutiny panels (or their equivalents) all relevant information to help them scrutinise police stop and searches and other police actions arising from section 60 authorisations. This should include:

the grounds and underlying reasons for the authorisations;
any recordings of briefings;
written records of searches;
information about the outcomes of searches; and
body-worn video footage of entire encounters.

In addition, chief constables should satisfy themselves that their force incorporates feedback from community scrutiny panels (or their equivalents) when evaluating and improving the force’s use of section 60.

Section 60

Post implementation of any Section 60 requires the authority to be scrutinised by the diverse public scrutiny panel within a month of authority being given.

The panel will be provided with all the intel and information that can be disclosed based upon security clearance.

The Community Stop and Search Scrutiny Panel that oversees this scrutiny will have the minutes and decisions publicised on the Constabulary External Single on line home.

The Community Stop and Search Scrutiny Panel will have access to view BWV of any search conducted utilising a section 60 power.

General Stop Search

Local Inspectors dip sample Stop Search forms each month and submit a report which is considered by our force lead for Stop Search who presents the findings at a meeting which is called the Legitimacy and Lessons Learned meeting which is chaired by the Head of PSD.

Public scrutiny of Stop Searches takes place through the Community Stop and Search Scrutiny Panel which is held monthly and consists of volunteers from the

community. The panel selects Stop Search events at random and provide feedback on the officers’ performance along with whether the search was legal and ethical.

The Community Stop Search Scrutiny Panels are given access to the Stop Search form and Body Worn Video.

Recommendation 8

By 14 June 2024, chief constables and where applicable police and crime commissioners (or equivalents) should make sure their forces work in partnership with community scrutiny panels (or their equivalents) to:

review panel membership and vetting arrangements to remove any unnecessary barriers to recruiting panel members;
promote the recruitment of culturally diverse members, with a particular focus on representing, involving and retaining those from under-represented communities and young people;
promote the representation, involvement and retention of those who have been stopped and searched;
make sure the force gives community scrutiny panels information on the police use of force, including handcuffing, relevant to the police use of stop and search powers;
make sure they support and help community scrutiny panels to review section 60 authorisations, searches, community impact assessments and associated complaints;
give members appropriate training and support to help them effectively carry out their role scrutinising all stop and searches, taking account of the effect the role could have on them; and
provide the right level of police representation at panel meetings to support and advise as required, and to make sure the panels feedback helps to improve both individual officer and organisational learning.

The Constabulary has ensured that a representative from the Office of the Police and Crime Commissioner (OPCC) is routinely invited to the monthly Community Stop Search Scrutiny Panel.

The panel members are not required to be vetted but they are required to sign confidentiality agreements.

Meetings of the Community Stop and Search Scrutiny Panel have deliberately been held at locations other than police headquarters. Locations have included the University of Gloucestershire, the Music Works (a community project aimed at encouraging young people to participate in making music) and other locations across the community.

The panel is made up from diverse sections of the community which to ensure that the panels held on a monthly basis and those held in Universities and the Music works have persons from different genders, ages, ethnicity, and persons that may have previously been searched by the police

The Constabulary has a Use of Force Scrutiny panel which examines all instances when officers have used force and considers whether the use was lawful and appropriate. Feedback is given to officers when appropriate.

In late 2023 the Community Stop and Search Scrutiny Panel were provided with bespoke training to explain their remit and provided with an overview of all policing powers connected with all forms of searching of persons and property.

The Community Stop and Search Scrutiny Panel consists mainly of members of the local community, along with a number of Constabulary employees and officers who are responsible for implementing recommendations made by the Panel.

Recommendation 10

Within 56 days of the publication date of this report (09/02/2024), the National Police Chiefs’ Council, the Association of Police and Crime Commissioners and the Home Office should inform His Majesty’ Inspectorate of Constabulary and Fire & Rescue Services, the Independent Office for Police Conduct and the College of Policing how they intend to respond to the recommendations.

Within 56 days of the publication date of this report, (09/02/2024) forces should publish on their websites an explanation of how they have responded or will respond to the recommendations. Forces should send to the National Police Chiefs’ Council links to where this information can be found.

This will be completed once final submission of this report is made.

Recommendations for other agencies – Included for reference of required activity that may impact forces once achieved

Recommendation 2

The National Police Chiefs’ Council should work with the College of Policing to agree minimum requirements for:

logging police decision-making in response to, or anticipation of, serious violence involving knives and offensive weapons, including which alternative powers are considered;
recording section 60 authorisations, extensions and decisions not to authorise section 60;
briefing relevant officers following a section 60 authorisation; and
reviewing policing operations involving the authorisation of section 60.

The minimum requirements should provide tactical support to authorising officers informed by authorised professional practice on stop and search, operations and the national decision model. They should promote a consistent problem-solving and community-focused approach to the authorisation and review of section 60 across England and Wales.

The National Police Chiefs’ Council should promote the minimum requirements through its network of force stop and search leads and the knowledge hub for UK policing.

Recommendation 6

At the earliest opportunity, the Home Office should change the Annual Data Requirement to require all police forces to record and return annual data on section 60 that includes:

the number, locations, area and durations of section 60 authorisations granted;
the number of authorisations refused;
the number of searches made under each authorisation; and
the outcome of each search.

The Home Office should publish this information in a way that allows the public to compare the data, including comparing geographical locations and size of area covered by section 60 authorisations.

Recommendation 9

The Home Office, in finalising the national minimum standards framework for community scrutiny panels, working with the National Police Chiefs’ and other interested parties, should include provisions to:

make sure the terms of reference, practices and scrutiny processes are consistent for all community scrutiny panels;
include children and/or young people in the scrutiny process, including those who have been stopped and searched;
make sure community scrutiny panels review the police use of force during stop and searches, including when handcuffs are used;
make sure community scrutiny panels review the police grounds for authorisation and use of section 60 stop and search powers;
train and develop community scrutiny panel members to carry out their scrutiny roles; and
secure effective oversight arrangements.

Actions for other agencies

Action 1

The College of Policing will update the stop and search national policing curriculum. This update will give the College of Policing an opportunity to make sure the curriculum is accessible and deliverable for forces.

The update will make sure learning outcomes related to the authorisation and application of suspicion-less stop and search powers, including section 60, are appropriate.

The College of Policing will also consider the need for including learning outcomes related to child safeguarding and the expectations regarding refresher training for officers who have met the curriculum learning requirements.

The College of Policing expects the updated curriculum will support the police in providing regular stop and search training for officers who may use the powers. Refresher training will be focused on priority areas, such as searching children and using suspicion-less search powers.

The College of Policing will provide further details of this work in its next business plan, including a date by which the updated curriculum will be available to forces.

Action 2

The College of Policing will submit a bid to the Police Science, Technology and Research (STAR) fund, run by the Office of the Police Chief Scientific Adviser. The bid will seek funding for evaluating initiatives that support officers to use stop and search powers, including section 60, in well-targeted and procedurally just ways.

The College of Policing expects this evaluation work will help police to understand how to maximise the crime-reduction effect and minimise the harms associated with the use of stop and search powers.

The College of Policing will submit the bid in the next financial year (2024/25). It will work with the National Police Chiefs’ Council and forces to develop initiatives for evaluation. If the bid is successful, the College of Policing will share details of the initiatives selected for evaluation.

Action 3

Subject to funding, His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services will inspect how these recommendations have been addressed.

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