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Report on the Criminal Justice Alliance’s super-complaint - Section 60 of the Criminal Justice and Public Order Act 1994 and independent community scrutiny of stop and search
The following report was published on 15 December 2023 by His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services, the College of Policing and the Independent Office for Police Conduct (IOPC):
Report on the Criminal Justice Alliance’s super-complaint - Section 60 of the Criminal Justice and Public Order Act 1994 and independent community scrutiny of stop and search: Report on the Criminal Justice Alliance’s super-complaint: Section 60 of the Criminal Justice and Public Order Act 1994 and independent community scrutiny of stop and search (publishing.service.gov.uk).
The report makes a number of recommendations for chief constables, and as per recommendation 10, the updates regarding these recommendations are listed below.
Please note that Gwent Police has authorised one section 60 to date during the current financial year.
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.
We have reviewed the training in place on section 60 of the Criminal Justice and Public Order Act 1994. With regards to officers who conduct section 60 stop and searches, an input is provided on the initial new joiners’ course and is covered on the initial Public Order Training course, both Level 2 and Level 3. We acknowledge that there is not currently any additional training in place for officers who authorise section 60.
A training package has been developed for current officers who may be required to authorise section 60 and those who may be required to conduct section 60 stop and searches. This will be delivered via bespoke sessions through Microsoft Teams by the Stop and Search tactical lead following summer 2024.
Plans are in place to introduce annual stop and search refresher training for officers. Consideration is being given to this training incorporating section 60.
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.
We are currently reviewing the policy and procedure for stop and search. The review will incorporate the standardisation of the points raised within the recommendation. There are mechanisms in place in other functions, such as public order and firearms deployment which can be mirrored for activities under section 60. This will be completed by the end of April 2024.
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.
A multi-agency Task and Finish Group was set up in Gwent in response to concerns raised by the Children’s Commissioner regarding the searching of children. Recommendations are due to be put forward to the Local Safeguarding Board on 6th March 2024 to submit a safeguarding notice (PPN) on all occasions where a child is searched under stop and search powers. Some amendments to the national stop and search template on Niche are being made which will allow police services to scrutinise these more effectively.
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.
We have authorised one Section 60 to date during the current financial year. This was communicated on our website so that local communities were aware. The message gave the reasons for the authorisation and provided reassurance to the community. The message was also posted on social media (Facebook and Twitter). We acknowledge that there is a gap in terms of feedback to the community on operational outcomes and this will be incorporated in terms of standardising the process and templates.
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.
We operate a Legitimacy Scrutiny Panel which is comprised of the police and representatives from the Office of the Police and Crime Commissioner, Independent Advisory Group and Youth Offending Service. The panel meets quarterly and examines a sample of stop and search and use of force incidents. Panel members view records, body worn video footage and any other relevant information. Feedback is shared with the relevant officers to share any learning. Stop and searches arising from section 60 authorisations can be incorporated into the Legitimacy Scrutiny Panel when required.
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 panel’s feedback helps to improve both individual officer and organisational learning.
As per the response to recommendation 7, the force operates a Legitimacy Scrutiny Panel which comprises police and representatives from the Office of the Police and Crime Commissioner, Independent Advisory Group and Youth Offending Service. The panel meets quarterly and examines a sample of stop and search and use of force incidents. Panel members view records, body worn video footage and any other relevant information. Feedback is given to officers where appropriate to share any learning.
We are conducting a benchmarking exercise with other forces to understand best practice in terms of engagement and community scrutiny. We are also scoping a more formalised panel with a more diverse group of community members. We are also scoping out broadening the engagement with communities around stop and search and are researching the Merseyside model which allows an open forum where community members can dial in, get relevant knowledge, express their views and opinions and provide feedback to the police.