NOVEMBER 2021 Report
NOVEMBER 2021 REPORT
DCCSP members along with Chief Inspector Mark Beavan and Body Worn Video [BWV]
Systems Administrator Ian Cocklin observed four BWVs selected by the panel from the previous month's Stop and Searches [S&S]. The following identifies points to action, D&C Police responses and case assessments.
Case Selection .
Case Selection .
ACTION POINT 1
Panel noted in the scrutiny report that not all officers used BWV during S&S. This was evident in case selection as well as the four videos scrutinised.
Recommendation that all officers are reminded of their obligation to turn on BWV.
D&C POLICE REPONSE 1
The Body Worn Video [BWV] Single Point Of Contact [SPOC] Ian Cocklin has been sent the recommendation to include in training and refresher messaging for officers.
ACTION POINT 2
The data highlights that in a given month, there are between 400-550 S&S in the area covered by Devon & Cornwall Police Force.
The panel would like to seek clarity if any of these are conducted to reach a monthly target or if they are necessary.
D&C POLICE RESPONSE 2
There is no performance quota directive for any number of S&S to be completed by officers in any area of Devon & Cornwall Police. One of the fields on the electronic form is whether the S&S were self-generated. Nearly all records for the time period captured were recorded as /N’ meaning that the S&S derived from a report/information the officer/s were responding to rather than any proactive activity.
ACTION POINT 3
The panel notedthere are BWV entries which have not been signed off by Supervisors. This highlights a disregard for the system in place. Recommendation that all Supervisors are reminded of their duty to ensure logs are signed off.
D&C POLICE RESPONSE 3
Supervisor sign-off compliance data is reported to local SMT members and the data reflects this panel’s observation.
Information technology improvements are being explored to ensure that Supervisors are notified
automatically when one of their members of staff submits a form [currently supervisors have to login to a separate system they have no need to access routinely for any other reason].
Supervisor vacancies/absences from the workplace when a Police Constable is Acting [covering a Supervisor's role temporarily] can further challenge Supervisor sign-off as they are not always recorded on the software system as line manager. DCP is adopting a new Record Management System in 2021 called NICHE. which will see improvements in these areas. In the interim, reminders have been sent to supervisors to proactively check for S&S records to scrutinise for accuracy and detailed recording as expected and for sign-offs to be recorded.
ACTION POINT 4
Clips are logged as Stop and Search when they are not. The panel recommends that clarity is shared with the officers as to what constitutes a S&S in line with the options available on D&C Police system.
D&C POLICE RESPONSE 4
To facilitate the selection of cases for the first time, the BWV SPOC used the 'BWV' to filter cases in conjunction with limited spreadsheet data. Consequently some of the footage selected was not solely in relation to S&S, which will improved next time. Notwithstanding the separate issue raised by the panel regarding officers conducting a Stop and Account but submitting a S&S form, the panel may wish to revisit this recommendation after the next scrutiny to explore if this was a human approach error to the selection of cases or a an actual logging/labelling issue.
ACTION POINT 5
Panel was informed that BWV clips are deleted after 31 days. Seeking clarity on this as it would mean that only incidents occurring 31 days prior to scrutiny would be available.
D&C POLICE RESPONSE 5
The principles of Management Of Police Information govern the retention of BWV and is the national code of practice adopted by the National Police Chief’s Council [NPCC] and adopted as Approved Professional Practice [APP] via the College of Policing. Unless required for a policing purpose and therefore marked as ‘evidential’ then BWV footage will be deleted to align with General Data Protection Regulations [GDPR] and European Convention of Human Rights [ECHR] legislation. Retention for scrutiny by the panel is not deemed criteria that meets this threshold. However, the BWV SPOC has been made aware of the panel’s observation and will link in with his colleagues from the national and Home Office bodies and report back in due course.
Body Worn Video Assessment .
Body Worn Video Assessment .
Make it stand out
ASSESSING D&C POLICE STOP AND SEARCHES (S&S)
NOVEMBER 2021 REPORT
Body Worn Videos
BWV 1 feedback to be provided to officer Via Microsoft Teams, at the start of each case BWV Systems Administrator Ian Cocklin played the selected clip, Chief Inspector Mark Beavan read the corresponding report submitted from case officer(s), before the DCCS Panel discussed and submitted the below feedback and assessments. Senior officers in each Force area where the S&S cases under scrutiny took place [Plymouth, Cornwall & New Devon] provided highlighted feedback on the panel's observations.
CASE 1
30 mins prior to arrival BVW is turned on in break room and turned off just before search. User error with on/off switch. Massive learning issue for officer concerned.
D&C POLICE RESPONSE 2.1
Response from officer: "This was the incident whereby the individual spat at me in the back of the ambulance. I got confused as when my BWV was on and not on. I think I flicked it up and thought it was on when I should have flicked it down. I am aware that it didn’t record as the OIC for assault police is trying to access the ambulance CCTV. Apologies, was just human error."
CASE 2
No BWV available.
D&C POLICE RESPONSE 2.2
Response from officer: Stated she recalls the incident and her BWV was on but she had mistakenly not marked the footage as evidential.
Within 31 days the BWV footage could not be located when investigated so this has been taken as a learning point by the officer to check BWV footage is actually on and recording.
CASE 3
No BWV available.
D&C POLICE RESPONSE 2.3
Response from officer: "In reviewing the UoF form, I've found this incident relates to an arrest made at the roadside following a single vehicle RTC whereby the suspected driver blew over the prescribed limit.
The BWV was saved by myself in DEMS on 07.10.21 showing the initial accounts, roadside breath procedure and subsequent arrest of the male." For clarity, operator error in retrieval of BWV and not a fault of the officer.
CASE 4
BWV available but cross over with a strip search not suitable for panel to watch - MB to review.
D&C POLICE RESPONSE 2.4
Awaiting review / response from MB.
ACTION POINT 3
MB to investigate two S&S cases / four officers following issues highlighted during case selection preventing scrutiny
CASE 1
Recording starts late and data entries confusing for S&S. Section 18 stated and ethnicity defined as 'unknown'
but it’s a house. Learning and further information required from both officers.
D&C POLICE RESPONSE 3.1
Response from officer: "The S&S was covered in two parts essentially, and there were two forms submitted for it, firstly a person search of the detained and then a vehicle search of the detainee’s car. I am assuming the panel selected the person search which is why it may appear confusing.
The two assisting officers detained the subject under S23 Misuse of Drugs Act and escorted him back to the station as well as circulating over air for assistance in searching the vehicle.
As I am currently a student and vehicle searches is something I need to evidence, I offered support.
When the first officer arrived at the station he asked for my assistance to support him in relation to a S23 strip search of the subject, this was done in an interview room at Charles Cross Station, this was because his crew mate is female. He then went on to lead the search, but I submitted a form. Due to the nature of the search I did not activate my BWV in this instance. I then conducted a S23 search of the vehicle and recorded this as evidential on my BWV.
The grounds that the two officers detained the male under and relayed to me were that: the subject was stopped whilst driving a vehicle with information that the occupant was selling drugs from the vehicle, when the vehicle was stopped, it smelt strongly of cannabis, and the subject smelt strongly of cannabis himself when out of the car."
Awaiting responses from assisting officer
CASE 2
Recording switched off just before the search. Assisting officer also didn't record - MB to investigate.
Learning required. Check second assisting officers' footage.
D&C POLICE RESPONSE 3.2
Response from officer: "My BWV camera ran out of battery towards the end of the Stop and Search. I also had issued a Community
Resolution as it was a small amount of cannabis found on the person. I understand that I should have saved the BWV footage and will not make that mistake again." Awaiting responses from assisting officer and investigation into second officer's BWV.
ASSESSING D&C POLICE STOP AND SEARCHES (S&S)
NOVEMBER 2021 REPORT
Body Worn Videos
Via Microsoft Teams, at the start of each case BWV Systems Administrator Ian Cocklin playednselected clip, Chief Inspector Mark Beavan read the corresponding report submitted from case officer(s) before the DCCS Panel discussed and submitted the below feedback and assessments. Senior officers in each Force area where the cases under scrutiny took place have been asked to feedback the panel’s observations and reminders for officers. Supervising officers were contacted by MB after the panel meeting to enable Supervisors to view BWV footage that would not be retained beyond 31 days ahead of the panel report.
GROUNDS of the search
OBJECT of the search
WARRANT card [if not in uniform]
IDENTITY [officer name & number]
STATION [where officer is based]
ENTITLEMENT to receipt
LEGAL power used
YOU are detained for S&S
BMV 1 feedback to be provided to officer
In the footage there is a momentary miscommunication between officers as to why the subject was Stopped and Searched. It was noted that one officer took charge of communicating to the subject.
The search was undertaken with care for the subject - taking their wellbeing into account.
(S&S) BWV 1 ASSESSMENT
BWV 2 feedback to be provided to officer
Edited clip: there wasn't enough information for the panel to efficiently scrutinise this case. Recommendation that the second officer present should have turned his BWV on. Videos kept for 'evidential' purposes shouldn't be edited as this removes information relevant to the S&S and raises concerns re: whether procedures were correctly followed.
(S&S) BWV 2 ASSESSMENT
D&C POLICE RESPONSE TO BWV 2 REPORT
Chief Inspector Mark Beavan to investigate case details and report back to DCCSP.
BWV 3 feedback to be provided to officer
The panel felt that this BWV was in the wrong category. Recognise that the officer was acting under section 32 of PACE but appeared to be more of a Stop and Question rather than a Stop and Search.
(S&S) BWV 3 ASSESSMENT
D&C POLICE RESPONSE TO BWV 3 REPORT
Officer believed he'd be conducting a Section 1 PACE S&S and started recording on his device - selecting 'criminal damage, going equipped and offensive weapon' as there'd been intelligence on criminal damage reported nearby. However, as the encounter developed and the S&S did not materialise as anticipated [i.e. he then arrested and conducted a Section 32 search] he should have amended the form to select ‘other’ for legal power’ and recorded ‘Section 32’ in the ‘please specify’ prompt that follows.
He is used to recording on paper forms for years, which included a Section 32 option. On reflection in conversation with Supervisor, he recognises this was in fact a Stop and Account and then an Arrest and Section 32 search.
BWV 4 feedback to be provided to officer
This is the best BWV clip of S&S procedures conducted well. The panel recommends crediting the officers who were involved - showing excellent communication skills, exemplary teamwork, and exceptional engagement with the subject
(S&S) BWV 4 ASSESSMENT
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