Stop and Search Community Scrutiny Panel Minutes 6 March 2024

Wednesday 6 March 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)

No new member in attendance.

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 - Action ongoing

Update:  06.03.2024 – AG to email all external attendees to ask if anyone else would like to nominate themselves for the V/Chair position. They will then vote at the next meeting – Action ongoing

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

February 2024 - review in 12 months.

5. Actions Update (CB)

Nothing by exception.

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 – 06.03.2024

Number – 135000 and 135001 (No BWV)

Date: 02/01/2024
Time: 22:30
Gender: Female
Ethnicity: Self defined - Black Caribbean
Age: 19
Location: Cheltenham

Reasonable Grounds: CCTV captured a group of people believed to be taking drugs at the NCP car park opposite.  Searched S23 Misuse of Drugs Act 1971.

Outcome: No further action.

Panel Discussion:

Not acceptable for no BWV to be present.  Email 1st and 2nd LM, instruct officers to read BWV and SS Policy. Performance record should be noted as failed to record BWV.  Not a new recruit.

Lack of understanding as to why there was no recording. Form said that there was BWV but officer hasn’t saved.  98% compliant, audit the data.

Scrutiny panel oversight – progress to prevent it happening again.  Internal matter.

Selection of number of incidents – all incidents that do not have BWV could be looked at for patterns of use.  User error or system error.

GG – Docking the camera – Supervisor sign off.  Check that BWV are there.  Time pressures not looked at before 31 days are up as the recording would be gone.

Panel member – Accountability – if they have behaved badly, then didn’t save the data.

Integrity of the officer – National guidelines is 31 day period.  Automatically get saved, if there is a complaint.  No issue with storage.  Data protection against GDPR to keep the image. 

Trial for next month – try to pull BWV before 31 days.  Send numbers to Chair and Get back in a couple of days then retrieve the footage.

Panel Decision: Amber (8) by default as there was no BWV to watch

Form Ref No. 135033

Dismissed as a vehicle search and we do not need to look at these unless it is part of a person Stop and Search.

Number – 135034 linked with 135036

Date: 06/01/2024
Time: 16:20
Gender: Female
Ethnicity: Self defined - White British
Age: 13
Location: Cheltenham

Reasonable Grounds: CCTV showed a group of females de-tagging clothing items and putting them in a bag. In addition a local shop that reported 3 young females has stolen items.  Identified as the same group. Stop and searched under S1 PACE Stolen Property.

Outcome: No further action.

Panel Discussion: First officer kept his cool! Initially could have gone the other way. GOWISELY done really well. Girls complied with the officers. Note: Camera angle!

Feedback to officers – very well done.

Panel Decision: Green (8)

Number – 135053

Date: 11/01/2024
Time: 19:45
Gender: Female
Ethnicity: Self Defined - British
Age: 28
Location: Wotton-Under-Edge, Gloucestershire

Reasonable Grounds:

Strong smell of drugs coming from car they were driving. Large quantity of drugs found in car. Stop searched under S23 Misuse of Drugs Act.  Bag of drugs seized. No ID on the female.

No OIC BWV – Special Constable – emailed for rationale but no reply as the officer may not be on watch.  Sourced from other officer who was present?

Outcome: Arrested.

Panel Discussion:

How did they detect the smell, when no one was smoking and there were no windows open?  Searched the care after the Senior Officer – GOWISELY not heard from the Special Constable.  Looking for another element, physically see something, intel drugs for this car.

Didn’t hear the officer say the grounds, lead officer positioned herself very well.  Special Constable asked what SS powers were used.

Second grounds for stopping – Supervisor may have sent the form back for more detail.  GOWISELY not heard, some said after the second ground for stopping. 

Feedback point to the officer.

Can stop any car under S136 of Roads Traffic Action – 2 different legislations.

Panel Decision: Amber (8)

Number – 135061

Date: 14/01/2024
Time: 21:23
Gender: Female
Ethnicity: Self-defined - British
Age: 37
Location: Gloucester

Reasonable Grounds: Whilst conveying the female back from an incident to her HA, entered the rear passenger side of the police car, some white powder started to fall from the bottom of her bag.  Female presenting in a very erratic and frantic manner as if she may be under the influence of drugs. Has been linked via intel to drugs use before. Stop Search S23 Misuse of Drugs Act. Seized 3 small tablets which matched the prescription medication for this person.

Outcome: No further action.

Panel Discussion: Officer was very patient with the female.  Useful to ask for information on powder, as it could have been make-up.  Person not detained – no drugs.  Initial grounds – reasonable grounds good.  BWV from officer who did the search, make sure that the BWV is on and saved.

CB – On the vests there are only 2 spots to put the camera, in the winter months a jacket could be put over the top.  Tried camera’s on hats, jackets, etc.  If they are made static this is not good as you may need to change the angle to get a better image.

Panel Decision: Green (8)

Form Ref No. 135105

Dismissed as a vehicle search and we do not need to look at these unless it is part of a person Stop and Search. There was also no BWV as the Police Officer clips snapped on her jacket so could not attach the camera.

Number – 135112

Date: 24/01/2024
Time: 22:30
Gender: Female
Ethnicity: Self-defined - British
Age: 36
Location: Cheltenham

Reasonable Grounds: Female exciting the car, on seeing the police immediately went to the rear passenger door where she bent down in foot well as if to try and conceal something. Searched under S223 Misuse of Drugs Act – whereupon she disclosed she has just swallowed drugs. 2 x wraps of what appeared to be crack cocaine found in her rear jean pocket. Seized 2 x wraps.

Outcome: To be dealt with by way of Voluntary Interview.

Panel Discussion: It was up to the individual if she decided to go to hospital.  Outer coat of the police officer can cover the recording. 

Terminology of outcome – deal with in slow time – not going to arrest you, tell the person to come to the Police Station at a certain time.  Avoids arrest, saves time.

Feedback to officer – Dealt with the female kindly.

Panel Decision: Green (8)

Number – 135130

Date: 29/01/2024
Time: 20:50
Gender: Female
Ethnicity: Self-defined - British
Age: 20
Location: Gloucester

Reasonable Grounds: Friend of the female called police to say she was in possession of a blade, with aims to harm herself.  Female is known to the police. Police incident raised in relation to this and officers were concerned she may use the blade. Stop searched S1 PACE Offensive weapons.

Outcome: No further action.

Panel Discussion: Would the Police be able to get a mental health action to attend the Stop Search?  Use to have Mental Health Nurse – right person, right service. Are Police the right person to look after a person who needs a mental health person? Rapid response vehicle, interim right car, right person. Sectioned by Health professional.  Vulnerability – MASH screening safeguarding.

Panel Decision: Green (8)

7. AOB

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

General Search – capture the BWV within 31 days.  Go to officer to find BWV, if not found rationale why not.

8. Next Meeting date

Thursday 4 April 2024 at 1830-2030 in Leadon Meeting Room.