Stop and Search Community Scrutiny Panel Minutes 1 February 2024

Thursday 1 February 2024
18:30 – 20:30

Leadon, HQ

Attendees

Chair and Representatives of the Scrutiny Panel, Members of the IAG, Police Officers and Staff.

Apologies

Representatives of the Panel and Police Officers and Staff

Agenda Items

1. Introductions & Welcome (Chair)

In short notice absence of the Chair, ST stepped in the chair this meeting.

Introduction were carried out. Members were asked not to disclose what they discuss at the meeting to anyone outside of the room.                 

2. Confidentiality & Information Sharing (CB)

1 new member signed the agreement.

3. Nominations of a Vice Chair. Discussions around tenure of Chair (All)

Terms of Reference (ToR) states that Chair tenure is 18 months – should be 12 months and can only stand for a total of 3 years in total.  Existing Chair will remain in place. Oct 2024 ask for nominations for new chair. Vice-Chair nomination MN-seconded by BC, vote will take place in February – Action ongoing.

Update: 05.02.2024 – MN stood down from the V/Chair nominations, BC only nomination at present for V/Chair.

4. Terms of Reference (CB/KS/ST)

ToRs updated with the Chair and Vice Chair tenure. Add caveat that they remain in place, if willing, where no one else is nominated. Amended ToR V8.0 have been amended and uploaded to the external webpage

Action Complete – Update: 01.02.2024 - Remain on the minutes until March meeting.

5. Actions Update (CB)

Records Scrutiny Stop and Search – 05/10/2023

Number – 134221
Date: 31/08/2023
Time: 23:34
Gender: Male
Ethnicity: Defined as Asian
Age: 20
Location: Cheltenham

Reasonable Grounds: Suspicion incident – vehicle at speed and smelt of cannabis – stopped – 3 people within.

Outcome: 1 occupant found to be in possession – nothing found – NFA

Panel Discussion:

Officer needs Feedback – arrogant, condescending and below what is expected. Disregarded the detainee’s rights.

Panel felt the grounds of the stop were appropriate but felt the Officer’s attitude was ill-judged, potentially discourteous and unlikely to elicit cooperation and compliance.

Panel feel grounds for search were green but the majority of the panel feel the interaction makes it a Red. 

Panel Decision: Red

Update: 02/11/2023 – CI EM has feedback to the officer 0 update to be provided to panel in Dec meeting – Ongoing

Update: 07/12/2023 – EM – The Firearms Officer is away on his course – his personal reflection, circumstances led to the SS – Member of the public reported a car weaving at speed.  High end manoeuvre, person taken out of the car.  BWV on after stop of vehicle, interaction could have defused it.  Officer embarrassed that he has not done himself justice – driver not smoking, bags found in the boot. Lots of reflection – calling him Bruv – apologised.  Officer has served about 5 years – training to be CT firearms officer.  Turning BWV on in car but not on person – did not mean to say GOWISELY rubbish.  Supervisor, scrutiny form more.  Subject frustration – personal reflection. Supervising-SS form more mindful when completing.

EM – Satisfied with his response and reflection – Action Complete

Update: 01/02/2024 – Showed the same SS BWV to the young people at University of Gloucestershire and Music Works – all agreed that calling a person mate is acceptable – context adjusted language to the audience.  Bro seems odd to some members but other audiences say it is ok. Remain on the minutes until March meeting.

AS – asked do we know what the views are of the CoP.

JC – in 18 yrs service – We don’t want culture of them and us. Acting like robots.  We have to deal with the situation as you see if at the time and tailor the response to the individual. VC-L&D – We advise to avoid mate, but doesn’t always land right.  It depends on who you are engaging with.

Action: VC – Take point to L&D and ask the instructors what they would advise with regards to calling people mate,buddy, bruv, etc. – Action ongoing

Spoken to L&D, nothing specific to say about don’t call mate.  Email CoP no reply but no objection to being called mate – Action complete

5. Section 60 Authorities Review

None issued since the last meeting. Any future Sect 60 that are issued will be brought to the panel. HMIC to sort out question and all forces have to answer – Sect 60 justified or not – brought to the meeting.

6. Records Scrutiny (all)

Explanation of the Traffic light system for Stop and Search Panel Decisions:

• Green – No issues with the Stop and Search. There was reasonable suspicion to use the powers. Reasonable suspicion is defined as “that you genuinely suspect that you will find the item you’re searching for and it must be objectively reasonable for you to suspect this – given the information available to you. An objective test means that another reasonable person, given the same info, would also suspect that the individual is carrying the item.”
• Amber – Issues with the Stop and Search. Need further investigation and gain information to bring back to the panel.
• Red – Not happy with the use of Stop and Search, no evidence of reason to use Stop and Search.

Stop and Search – 07.12.2023 – pending actions

Number – 134568

Date: 21/10/2023
Time: 15:15
Gender: Male
Ethnicity: Self defined - White and Asian
Age: 38
Location: Gloucester

Reasonable Grounds: Intel marker suggesting persons in the vehicle are involved in drugs supply in Gloucester.  One person in the car handed over 2 bags of white powder to officers.  Due to possession and intel relating to the drug supply, officer believed that there may be more drugs concealed in the vehicle. Searched S23 Misuse of Drugs Act 1971.

Outcome: Seized Cocaine. Person was arrested. Arrest not on BWV.

Panel Discussion: Grounds for Search – OK. Panel thought they should have been able to see the BWV for the Arrest. 

The person was talking in a different language – why didn’t they take the phone away. How often would you stop a vehicle that is flagged? Depends on what the flag is – reviewed regularly.

Action:  EM to speak to officer JS and GG – Ask if it is on another BWV – Bring back to the next meeting if there is any.

Update: 01/02/2024 – No further BWV has been located for this SS,  so there is no arrest BWV to view – Action complete

Panel Decision: Green (15)

Number – 134577

Date: 22/10/2023
Time: 06:57
Gender: Male
Ethnicity: Self defined - any other Black background
Age: 45
Location: Gloucester

Reasonable Grounds: Call received from member of the public – stating that there are people in her address who shouldn’t be there, so scared she has left the address.

Loud shouting detected at the address – police knocked on the door there were 3 females and 2 males who didn’t live there.

2 males tried to leave straight away and were searched under S1 of Pace for stolen goods from that address.

Outcome: No further action.

Panel Discussion: Grounds OK. 

EM – Where the females searched. 

No box on the SS form to state how many where searched!

Potential people to leave, then the officer said there might have been a burglary.

Owner didn’t consent to the people being in her property – Consent – theft, No Consent – Burglary.

Person being searched didn’t seem to understand why there was any further reason to be detained.

Feedback: Could have said No you won’t be free to go until they have all been searched. Wasn’t very clear that he needed to stay – not allowed to leave. 

Address that the people where in – used for supported living. Has been exploited – named persons who were searched have exploited her. 

Action: EM – Get extra information from Officers and feedback. Officers not really engaging with him. Bring back to the next meeting.

Update: 01/02/2024 – AG has provided feedback to the officers. CB has decided as this action is green we will not need to obtain extra information and return to the panel – Action complete

Action:  EM to speak to officer JS and GG – Ask if it is on another BWV – Bring back to the next meeting if there is any.

Update: 01/02/2024 – No further BWV has been located for this SS,  so there is no arrest BWV to view – Action complete

Panel Decision: Green (15)

Stop and Search – 01/02/2024

Number – 134819

Date: 10/12/2023
Time: 00:10
Gender: Male
Ethnicity: Asian/ Self Defined - Bangladeshi
Age: 36
Location: Gloucester

Reasonable Grounds: Recent Intelligence linking driver to class a supply.

Outcome: Nothing was found. No further action.

Panel Discussion: Officers explained it well.  Textbook stop and search.  Good job.  Courteous to the person he stopped. Searched S23 Misuse of Drugs Act 1971.

Panel Decision: Green (10)

Number – 134835

Date: 06/12/2023
Time: 12:30
Gender: Male
Ethnicity: Black/ Self defined – not stated
Age: 16
Location: Cheltenham

Reasonable Grounds:

Following a vehicle, smell of cannabis coming from the vehicle.  When stopped the smell was stronger and 2 people got out and tried to run off, due to the above, believed there may be controlled drugs within the vehicle or about the person.  Stopped S23 Misuse of Drugs Act 1971.

Drugs and drug paraphernalia found.

Outcome: Arrested

Panel Discussion: Grounds for Search? 1 officers at the beginning may have said GOWISELY. One officer was heard to say “Have you read them in” – Yes.  16 year old arrested and cuffed for supply of drugs. The delivery could have been slower and clearer from the officer. Smelling cannabis alone is not grounds for a SS. 2 tried to run off when they were stopped. Grinder was found.  Got to be incorporated with others, officers would need to be informed.

Refer to Senior Officers for clarification historically – Stop based on smell.  Numbers of years – need to have more than smell, which they had in this case.

VG – L&D train officers to deal with more detail. Initial training package for Students/Core Training days/ Roads Policing/Firearms (Response Div Training Days – every 10 weeks.

Panel Decision:

• Amber: 6
• Green: 4

Feedback to officer: Cannabis not the sole reason to stop and search – Action complete.

Number – 134849

Date: 09/12/2023
Time: 19:45
Gender: Male
Ethnicity: White/self-defined
Age: 15
Location: Gloucester

Reasonable Grounds: Member of public reported to PCSO see person smoking cannabis near an address in Gloucester.  Persons seen putting multiple bas and large items in a vehicle. Then driven off with 4 x persons inside. Police located the vehicle, when approached distinct smell of cannabis.  4 x persons and vehicle detained for a search under S23 of misuse of drugs Act 1971.

Items seized – snap bags containing green herbal cannabis.

Outcome: VA interview arranged for slow time enquiries to be progressed

Panel Discussion: Persons weren’t advised that they were being recorded.  Mobile phone in use during the search. Was he really speaking to his Mum?  This question has been asked before by the panel and it is a difficult one to answer.

Didn’t here object of the search as the BWV was started further on. There wasn’t clarity of full GOWISELY – could have been out of viewing. Officer dealt with it really well. Wasn’t rushed, kept calm.

Action: AG - Feedback to the officer.

Panel Decision: Green (10)

Number – 134898 (plain clothes)

Date: 11/12/2023
Time: 14:15
Gender: Male
Ethnicity: White/self-defined British
Age: 32
Location: Cheltenham

Reasonable Grounds: Surveillance led operation. Persons in vehicle in possession of controlled drugs and cash. Vehicle safely stopped and all occupants searched. Nothing found but due to evidence from surveillance, arrested under S23 Misuse of Drugs act 1971.

Outcome: Arrested

Panel Discussion: No Comments – No BWV

BWV needs to be turned on at all operations.

Panel Decision: Amber - No vote by default

Number – 134923 (plain clothes)

Date: 18/12/2023
Time: 17:06
Gender: Male
Ethnicity: Black/self-defined Caribbean
Age: 31
Location: Gloucester

Reasonable Grounds: Suspect and others see in suspicious circumstances. Recent intel links to supply of class A drug. Suspect appeared to be directing others away to meet persons in secluded locations. Exchanges believed to have taken place. Stopped S23 Misuse of drugs act 1971.

Cash, mobile phones x 2 and small locking knife in waistband

Outcome: Arrested

Panel Discussion: At what point was he told about the grounds on recording 10:28 go to cells, 10:37 further arrest on ground 32 pace powers, don’t need to do GOWISELY when arrested.

Smoking during a search – treat people as human beings.  If he was going to Custody can’t smoke in cells. Most officers would offer a cigarette to calm the situation down. 

Officers did a good job, remained calm. 

Action: AG - Feedback to officers.

Panel Decision: Green - no vote

Number – 134876 (plain clothes)

Date: 04/12/2023
Time: 13:15
Gender: Male
Ethnicity: White-North European/self-defined any other ethnic group
Age: 17
Location: Gloucester

Reasonable Grounds: Stopped by Police, thought you were the brother of A.  Brother wanted on a Cat A Warrant, drug line is currently operated in the area. Stopped under S23 Misuse of Drugs Act 1971. 

Drugs and cash seized.

Outcome: Arrested

Panel Discussion: Camera’s looked like they were upside down – Worst BWV the panel had seen.  Plain clothes officer do not have a specific place the set the camera.  Person stopped tried to stop the camera seeing them.  Officers were very patient with the person.

LR – Professional person, knows the young man.  The officer dealt with the person well.  Audio was very good.  Dealt with him calmly. Professionalism of the officer calmed the situation down.

Action: AG – Feedback the camera angle to the officer.

Panel Decision: Green (10)

Number – 134912 (plain clothes)

Date: 12/12/2023
Time: 01:20
Gender: Male
Ethnicity: White/self-defined – declined
Age: 43
Location: Cheltenham

Reasonable Grounds: Information to suggest vehicle linked to class A drug dealing. Manner of driving, swerving, drove down country lane. Driver nervous. Stopped S23 of Misuse of Drugs Act 1971.

No items seized.

Outcome: No further action.

Panel Discussion: Record of Stop and Search – didn’t say the report was available to you if you wanted it.

Very clear with all information.  Took a long time to get there. Information on vehicle – stopped under road traffic act and the SS on misuse of drugs act.

Panel Decision: Green (10)

Number – 134903 (plain clothes - no BWV)

Date: 14/12/2023
Time: 13:30
Gender: Male
Ethnicity: White North European/ Self defined – British
Age: 21
Location: Gloucester

Reasonable Grounds: Male was seen to call over a group of known class A drug users who had been waiting and appeared to lead them down an alleyway.

Items seized – Cannabis

Outcome: No further action.

Panel Discussion: No BWV to view. Officers confirmed is was saved but could not be located.

Action: AG – See if the BWV can be located.

Panel Decision: Amber - No vote due to BWV not be available.

Feedback to officer: BWV should always be used – Action complete

7. AOB

Panel requested a list of plain clothes officers who Stop and Search members of the public for the next meeting.

Action: CB/EM – Request the list of plain clothes officers involved in Stop Search.

Update: 01/02/2024 – Plain clothes searches done, Kay selected 6-8 SS BWV for February meeting and have been viewed by the panel – Action complete

BWV – 2 didn’t have BWV out of the all of those selected –

Action: EM - Look at and investigate why – Look at the form.  Question is being added to Pronto Form – Asking do you feel you have been treated with dignity and respect. Hopefully this will go live in January 2024.  It may not be the exact words but very similar.

Update: 01/02/2024 – The question has been added to the Pronto Form and is being asked.  The SS BWV will include this information in future searches – Action complete

AOB from 01/02/2024 meeting - A decision was made by the panel to choose BWV for female only searches in support of International Woman’s Day.

8. Next Meeting date

Wednesday 6th March 2024 at 1830-2030 in Leadon Meeting Room.