Stop and Search Community Scrutiny Panel Minutes - 4 July 2024
Thursday 4th July 2024
18:30 - 20:30
The Leadon
Attendees
Vice Chair and Representatives of the Scrutiny Panel, Member of the IAG, Police Officers and Staff.
Apologies
Chair, IAG Member, Representatives of the Panel and Police Officers and Staff
Agenda Items
1. Introductions & Welcome (Chair)
Introductions 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)
No new member in attendance-signed the agreement.
3. Terms of Reference (CB/KS/ST)
February 2024 – Review in 12 months.
4. Actions Update (KS/CB/ST)
Stop and Search action update - 06 June 2024
Gender: Male
Age: 24
Location: Cheltenham
Ethnicity: Self-defined Indian
Date: 04/04/2024
Time: 18:01
Reasonable grounds
Vehicle reported to be involved in a shoplifting in Cheltenham Town Centre immediately prior to being sighted and stopped by police. Sec 1 PACE stolen property.
Outcome
To be followed up by the OIC with victim.
Panel discussion
Panel didn't like the way that the one officer treated the gentleman. Didn't like his attitude.
Questioning a person about their ethnicity – they only have the limited choices that come up. If ethnicity stated is not on the list – didn’t like the way it was stated ‘it’s not on my list’ didn’t fit.
There are so many different ways to specify the ethnicity, please ask the person you are stopping, officer can identify but there are also self defined categories.
A clear and obvious opportunity for learning.
Action: CB – Consult with BTT. How do you feel the best ethnicity can be identified on forms, systems asked by officers to the public? – Action ongoing
Update: 04/07/2024 – CB - The question that we are asking could be a little offensive for ethnicity– Action ongoing
Update: 01/08/2024 – CB – There is a requirement to ask the subject what their ethnicity is. Spoken to Staff Officer AB and consulted with the National Team – 14% of searches come back with not chosen. Major problem as not getting self defined on all aspects. Take to another meeting to get accurate understanding – Action ongoing.
Sits under CLP, IAG and referred to full IAG – Report to BTT for inclusion to the next CLP meeting.
Discussion on ethnicity by the panel
Picked up at the beginning of the BWV, officer spoke to the person called him dude, mate. You’ve been a busy boy. Totally disrespectful – person caught with shoplifting goods. The panel member didn’t like the way the officers treated the person. Language from one officer was unacceptable.
Why did the 2nd officer who arrived later take over from the 1st officer on the scene? Monitored car – 2 different lots of officers dealing with the person.
Have to act professional at all times – make the connection. 1st officer talked to the person in a more personal way. 2nd officer was more abrupt. Calling a man, boy is disrespectful.
Insurance for motor vehicles – supposed to carry driving license and copies of insurance in the car.
Stop and Search action update - 4 July 2024
Gender: Male
Age: 27
Location: Gloucester
Ethnicity: Self-defined any other Asian background
Date: 12/04/2024
Time: 00:10
Reasonable grounds
Officers drove past a male knelt down in front of a car that seemed to be smoking. When officers engaged with the male he denied knowing anyone in the car and was evasive with questions. The area is known for drugs and the male himself smelt of cannabis along with the car. S23 Misuse of Drugs Act 1971.
Outcome
Arrested – Drugs – concerned in the supply of class b drugs. Cannabis.
Panel discussion
The officer took a long time to get to the point. Don’t think he said he was recording. Asking for information of someone who wasn’t there, is this ok?
Action: AG - Data Protection – Person who wasn’t there can you ask for clarification if information can be requested.
Update: 08/08/2024 - AG has spoken to Governance & Compliance - It is acceptable to ask/ record information provided to us. The Police couldn’t do their job, if we didn’t record information especially in PNB’s.
Outcome: The Officers’ were correct in what they did – Action complete
Difficulty hearing some of the discussion as there was a lot of background noise on the recording.
Person being evasive, officer not convinced that he didn’t know the person. Questions the location of the car in a lorry park.
Feedback: Learning opportunity – a little quicker in your approach – lacks confidence. Observation to officer: Why did the officer think it was appropriate to ask for further information? What was the delay? Whole panel discussion on GDPR.
Panel decision
Policy/Legality Grading
Green - 13
Attitude and Behaviour Grading
Attitudes and Behaviours of officer-Improvement required: 7 panel members, Adequate: 6 panel members.
6. Carl to articulate HMICFRS request to Panel – Check if officers’ advise the subject how they can obtain a copy of the search
Graded ‘Good’ by HMICFRS. One thing came up with potentially – Do we explain where a person can obtain a copy of the search. Best practice – make a record of the SS and go to the local station to get a copy of the record. They wouldn’t need an incident number, give name and address. Could we email a copy of Search? If personal details are not correct the record may go to the wrong person. We do have in car printers but we don’t have the function to print the SS records. When Niche comes in this will be available. If person wants a copy of the report, they can attend any station. Give ID to the Police Officer to get the report (assumption is that everyone has an email address).
The report would be completed straight away and authorised by senior officer, Sgt/ Insp. Night Team clear Pronto – this is the SS System.
Action: 01/08/2024 – CB- Are there any Constabularies who issue SS reports via email to the person. Talk to National Group. Processes for homeless, may not have ID – Action ongoing
7. Section 60 Authorities Review
One issued since the last meeting. Insp reason to believe members of the public using knives. Insp or above – Powers of a Sect 60 - any officer in uniform come search anyone they come across. Not used so much in Gloucestershire Constabulary.
23rd June – Cheltenham Supt SB – Duty Gold. Threat or violence in Cheltenham on the rise – gang feud. Sect 60 may reduce crime – used for 24 hours only. Reviewed by another Supt and extended for another 24 hours. 2 searches completed – just because they have the power in place, still proportionate. During Sect 60 – notify local MP, IAG, and Chair of the SSCSP. CIA – Community Impact Assessment. Reach out to community and find out how it affected them. Agreement in TORs – inform panel of Sect 60 and discuss at the next meeting. CIA report is restricted 20-30 pages. Neighbourhood watch where informed, shared with small community – no feedback was received. 4 schools were informed. CIA definitely found to be of benefit.
Q. Was it deemed the right thing to do? Supt EM who extended met with the Chief.
Q. Review Sect 60 - Are we reviewing process and/or 2 x BWV SS from the Sect 60 at the next meeting?
If only 2 searches was the sect 60 necessary or from Intel was the officers using the power properly? Could officers abuse their powers in this situation? Sect 60 SS don’t need grounds to search.
Action: AG – BWV Sect 60 searches. Update: 01.08.2024–SA1 and SA2 from the Sect 60- Action complete
Action: CB – Consult EM understand. Chief’s question – Sect 60 where correct – Action ongoing
Update: 13/08/2024 - CB - The Chief will routinely ask for a debrief with the authorising officer of any Section 60 authority. During this meeting the Chief can ask any questions to double check due diligence to ensure that it was; justifiable, proportionate, lawful, auditable, necessary, and ethical. The Chief held a conversation with Supt EM and he felt the power being used and felt it was justified and proportionate in the circumstances – Action complete
Update: 01/08/2024 – CB- BWV from last Sect 60 will be shown as part of the Records Scrutiny. Most Forces looking at Sect 60 will do only 1 per year, unless circumstances dictate otherwise – Action complete
8. Discuss the new grading system from last meeting, inc. an update
New grading system below has been agreed with some minor changes and has been incorporated in the Policy – Action complete
9. Records scrutiny (all)
Policy/Legality Grading
Green: Fully Compliant
- The stop search was conducted and compliant with all legal requirements and the majority of procedural policies and best practise.
- All necessary documentation, including the reason for the stop, the grounds for the search, and the outcome, was completed accurately and promptly.
Amber: Partially Compliant
- The stop search was conducted and compliant with most legal requirements and the majority of procedural policies and best practise.
- Documentation may have minor inaccuracies or omissions that require correction but do not compromise the overall legality.
Red: Non-Compliant
- The stop search failed to meet key legal requirements, rendering it potentially unlawful.
- Critical documentation was missing, inaccurate, or incomplete, significantly impacting the legality assessment.
Attitude and Behaviour Grading
Outstanding
- Officers demonstrate an outstanding standard of attitude and behaviour towards the public.
Adequate
- Officers demonstrate an adequate standard of attitude and behaviour towards the public.
Improvement required
- Officers need development to assist with the day to day interaction with the public. Discuss these issues with their line managers and the officers in question.
Stop and Search - 1 August 2024
Gender: N/a
Age: N/a
Location: Cheltenham
Ethnicity: N/a
Date: N/a
Time: N/a
Reasonable grounds
Section 60
Outcome
NFA
Panel discussion
Mentioned that the cameras are very badly positioned.
Seriousness of the Section 60 – the officers dealt with it very well.
Feedback: Officers dealt with the section 60 powers very well.
Officer advises subject where they can obtain a copy of the search record. Observation by HMICFRS. Yes officers did explain to the memeber of th epublic how and where to obtain a copy of the search. Note: if not advised, training may be required.
Panel decision
Policy/Legality Grading
Red
Amber
Green: 10
Attitude and Behaviour Grading
Attitudes and Behaviours of officers – Outstanding – 10 people agreed.
Gender: Male
Age: 58
Location: Cirencester
Ethnicity: Self-defined not stated/not understood
Date: 29/05/2024
Time: 11:15am
Reasonable grounds
A vehicle that he was driving on the 29th April 2024 was reported to have made a make off without payment at a filling station in Cirencester. Your vehicle was seen being filled and a container in the back was also filled. This vehicle was seen bearing stolen plates. Stopped under S1 PACE Stolen Property.
Outcome
Arrested
Panel discussion
YRGOWISEL was stated. Dealt with the stop search very well as a tutee.
Officer advises subject where they can obtain a copy of the search record. Observation by HMICFRS. Unable to decipher as the video/audio was very poor. Note: if not advised, training may be required.
Panel decision
Policy/Legality Grading
Green: 10 panel members voted
Attitude and Behaviour Grading
Attitudes and Behaviours of officers – Outstanding - 10
Gender: Male
Age: 41
Location: Gloucester
Ethnicity: Self-defined Caribbean
Date: 05/05/2024
Time: 11:40am
Reasonable grounds
Staff at Lidl called for police assistance as they were concerned about the behaviour of a male in the store. The same male had been in the store a few days earlier and staff had seen he had been in possession of a knife. On this occasion the male, later identified as known person, and had been staring at staff in a threatening manner. He then went and locked himself in the toilet for over 20 minutes. When Lidl staff tried to engage with the known person through the door he made threats towards them. On officer attendance Lidl staff again raised concerns that they believed the known person was in possession of a knife. Stopped under S1 PACE Offensive weapons.
Outcome
Arrested
Panel discussion
Trousers where down when officers opened the door. Arrest him on Public Order offence. At any time would a paramedic be called? The person was well known for mental issues by the police. Arrest people to get access to a nurse – support package to help them.
They kept asking if he had taken his medication – great empathy! Officers dealt with him very well.
Why did they put him on the ground – he was waving a tissue around with bodily fluids on it. Detain under 136 of Mental Health – hard to know what he understands.
UoF form would have been issued. VIST to be completed.
Officer advises subject where they can obtain a copy of the search record. Observation by HMICFRS. Wasn't explained due to mental health issues. Note: if not advised training may be required.
Panel decision
Policy/Legality Grading
GREEN: 10 panel members voted
Attitude and Behaviour Grading
Attitudes and behaviours of officers – outstanding-10
Feedback to officers: AG/ JC - Commendable
Gender: Male
Age: 30
Location: Cinderford
Ethnicity: Self-defined White British
Date: 06/05/2024
Time: 11:00am
Reasonable grounds
Person called crisis team stating that he was sharpening cans with the intention of harming himself. When located there was evidence of broken cans but it was not clear if there were sufficient pieces of metal around him to reconstruct the two cans that it appeared he had broken up i.e. there were two clear end pieces of the broken can but a seemingly small amount of metal scattered around that did not appear to be sufficient to rebuild the entire centre for the can. This lead to a suspicion that Martin had concealed the items on his person potentially with the intention of causing himself injury. Martin has 4 x warning markers for suicidal and 4 x self-harm indicating that he is willing to attempt to harm himself, potentially seriously. Person was searched for offensive weapons namely improvised or 'sharpened' metal pieces and any items used to sharpen the cans. Stopped under S1 PACE Offensive weapons.
Outcome
No further action
Panel discussion
YRGOWISEL was stated. The officers described what they were doing with the person. Reported as a missing person.
Exemplary attitude towards the member of the public.
Officer advises subject where the can obtain a copy of the search record. Observation by HMICFRS. Note: if not advised, training may be required.
Panel decision
Policy/Legality Grading
Green: 10 panel members voted
Attitude and Behaviour Grading
Attitudes and behaviours of officers - outstanding - 10.
Gender: Male
Age: 26
Location: Gloucester
Ethnicity: Self-defined not stand/do not understand
Date: 13/05/2024
Time: 00:05
Reasonable grounds
There was a burglary within the area prior to the search. There was an outstanding male suspect who left the scene and ran off towards where the male was found. When talking to the male there was a strong smell of cannabis therefore he was searched under section 23 misuse of drugs act. This male’s friend informed us he had cannabis when it was mentioned there was a strong smell therefore this subject was searched.
Outcome
Community Resolution
Panel discussion
Initial investigation Burglary. Once they found the drugs they seem to have forgotten about the Burglary. Slow getting to YRGOWISEL.
Searched for burglary, then moved to drugs – very confusing. Smell alone not grounds for search but the person said he has come drugs on him. The officer can then search under Misuse of drugs. Seemed a little bit muddled. Tutor and tutee – 1 arrest, 2 searches. Could have been nerves, confusion. If they had engaged with the person more they may not have needed the cuffs. Identification of officers, very late – wasn’t a model stop.
On Pronto – you can’t tick 2 boxes – either burglary or drugs (only one at a time) burglary was still ongoing with other officers.
Officer advises subjext where they can obtain a copy of the search record. Observation by HMICFRS. Informed they would get a copy of the report but not where to get it from. Note: if not advised, training may be required.
Panel decision
Policy/legality grading
Amber: 10
Attitude and behaviour grading
Attitudes and behaviours of officers – improvement required – 10
Action: JC – Clarity on justification of the stop, how did we get there?
8. Any other business
- Great discussion again.
- Self-defined would people have been able state their ethnicity.
- Sports day – was well attended.
- Carry over 5 Stop Searches from this month to September.
9. Next meeting date
Thursday 5 September 2024 at 18:30 to 20:30 in the Leadon meeting room.