FEBRUARY 2021 REPORT
Case Selection .
Case Selection .
ACTION POINT 1
Panel noted again 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. Most of the clips in the ‘Not Stated’ category did not have a BWV present and the panel found that a station in Plymouth had several officers with no videos present in multiple categories, particularly when they stopped vehicles.
Panel recommendations:
Officers are reminded of the obligation to use BWV as this is the only way to assess if they are following appropriate guidelines.
Supervisors ensure before signing off a log that BWVs are submitted or a reason for not using one is documented.
Anyone in the Devon & Cornwall Police who must use BWV is reminded of when, how and what to do before and after the encounter in order to have accurate records.
Supervisors are reminded of their duty to ensure logs are signed off correctly after officer's S&S. Panel recommends that a list is published of Supervisors who do not sign off logs.
Panel will continue to identify stations where logs are incomplete and also where Supervisors fall short of their responsibilities, these names will be provided in the next report to the legitimacy board.
D&C POLICE RESPONSE 1
The Devon & Cornwall Police [DCP] Body Worn Video Strategy and Workplan 2021-22 has been created to deliver four key aims:
To ensure DCP has an effective BWV and DEMS360 Platform [the software viewed in the panel meetings used to play footage]
To ensure DCP complies with College of Policing [COP] and National Police Chief’s Council [NPCC] guidance and operate within legal obligations in the use of BWV.
To explore and develop future technologies in support of BWV. To secure and maintain public confidence when using BWV and DEMS360.
This includes exploring the use of Automation and Artificial Intelligence in camera activation [to remove the reliance upon officers to enhance the capture of incidents]. In addition, BWV Single Points Of Contacts (SPOCs) in each Basic Command Unit (BCU) across the Force have been asked to drive improvements with compliance [these are BWV champions who link-in with Ian Cocklin in each policing area across the geography]. Scrutiny groups in Plymouth and South Devon BCUs use their scrutiny meetings to task supervising officers to help remind officers to turn their BWV on for S&S encounters.
ACTION POINT 2
Panel found inconsistency in how officers used GOWISELY procedures for S&S within the selected clips. To assess GOWISELY effectively, footage should be available from the moment the officer approaches a subject, including the moment they put their hands on the individual.
Recommendation that officers in these four clips are reminded of this obligation and that there is no substitute or shortcut to GOWISELY. Scrutiny found that some officers implemented sections of it whilst others did not even attempt to.
D&C POLICE RESPONSE 2
Reminders about GOWISELY as highlighted by the panel have been co- ordinated in each Basic Command Unit by the representatives present at the Board meeting.
ACTION POINT 3
The data before 2021 suggested that in a given month, there were between 400-550 S&S by Devon & Cornwall Police. During scrutiny, the panel noted that January had over 651 entries and request clarity on why the numbers were higher during the region's lockdown and whether this was a COVID related pressure or an ongoing increase in S&S.
For effective scrutiny and better understanding of where the gaps are, the panel recommends that updated software is used for BWV and reports. In the current system, it is not possible to identify which entries have BWV or not until opening each file. Perhaps the Senior Police Team would be able to identify how many Supervisors haven't met their targets in a month, how many cases have no BWV files and how many officers [including. names] are not following correct procedures.
D&C POLICE RESPONSE 3
The increase was discussed at the Force Legitimacy Board where members from each BCU are present. The Board felt the increase was due to increased officer capacity [due to less demand overall in responding to incidents during lockdown, allowing for officer to conduct proactive policing activity] and due to the uplift in student officers who have to evidence conducting a S&S several times with their tutors [roughly 18 students joining teams across the
Force every 4 weeks at the moment] and this wave of recruits started properly in December
2020. The Board noted that there was a significant increase in the rate of vehicles subject to S&S which is attributed to the proactive policing in relation to lockdown restrictions. The BWV Strategy & Workplan 2021-2022 includes exploring IT improvements and the Performance & Analysis department are working with BWV colleagues towards aligning IT systems to integrate better in the future so that it will be possible to extract data to indicate where BWV is associated with the use of S&S powers.
ACTION POINT 4
The panel requests data regarding the number of section 60s used by D&C Police:
1) How many have been used
2) The area they covered
3) The reason for ACC approval
4) The breakdown of people S&S with arrests and positive outcomes.
D&C POLICE RESPONSE 4
The Board agreed that the Section 60 power has rarely been used as a tactic in DCP and in fact nobody present could recall a recent use of this power [within last 2 years]. Performance & Analysis department took an action to check the Force systems/data and to propose how this will be captured in the future if used. The Board acknowledges the data the panel would require to be reported in the event of a use of Section 60.
D&C POLICE UPDATES
DCP is anticipating unprecedented demand on frontline policing with an increase in holidaymakers visiting the area on when allowed and the hosting of G7 in June. For this reason, the next Force Legitimacy Board meeting is cancelled [next meeting 03.09.21]. C/INS BEAVAN is still able to facilitate panel scrutiny of S&S as planned
The Board has asked if the panel will consider the scrutiny of Use of Force in addition to S&S this year. Rhea BROOKE was the DCP Equality & Diversity representative at the Board meeting - would be useful for her to meet the panel and address any questions on disproportionality. Supt ARUNDALE is reviewing the DCP S&S Workplan, which incorporates the recent HMICFRS recommendations and findings. This will be the strategic document guiding activity across BCUs.
Body Worn Video Assessment .
Body Worn Video Assessment .
BMV 1 feedback to be provided to officer
Case hasn't been reviewed by Supervising Officer. Panel members felt that GOWISELY was not fully fulfilled for all 3 males when it came to grounds, objective, identification and station.
Footage from the other officer would have been helpful to check if procedure was followed from the start but no BWV available. Recommendation that Supervisor and second officer are reminded of necessary procedures.
BWV 2 feedback to be provided to officer
The panel assessed this as an unacceptable standard from the officers involved. Even with previous history about a subject, all individuals should receive fair and just treatment.
Panel members felt that GOWISELY was not fully fulfilled when it came to identification, station and entitlement. Recommend that these officers are reminded to use this procedure as required by law. Panel members were concerned with officers ‘warning’ that his camera was on to protect colleague with no mention of subject protection. Recommend that the officers involved arereminded of the purpose for the cameras they have and that the officer who didn't turn on BWV is spoken to.
D&C POLICE RESPONSE TO BWV 2 REPORTS
No responses received.
S&S BWV 3 feedback to be provided
No BWV available from other officers despite there being 4 additional present, and no record of badge numbers. Panel members were very concerned about this incident. Footage came in halfway through and GOWISELY was not followed - did not hear any of the procedure and no explanations to the subject. The grounds listed on the system “known to the police” are not lawful grounds for a S&S/Strip Search and there was inconsistency in the logged information with a section stating; “As above” but with no information above. This encounter was not signed off by the Supervising Officer which was concerning.
The panel assessed this as a traumatic experience for the subject involved; 5 officers surrounding a young male in a manner that was disproportionate and intimidating, especially when mentioning a 'Strip Search'. Officers did not operate in a professional manner and it appeared like a show - making 'jokes' with no care shown for the subject. Recommend that all officers involved be reminded of how S&S should be conducted that demonstrates proportionate force, follows GOWISELY and demonstrates a duty of care for the person apprehended especially regarding language used.
D&C POLICE RESPONSE TO BWV 3 REPORTS
No responses received.
S&S BMV 4 feedback to be provided
No BWV available from other officers present and the number of the last officer was not recorded. Panel members assessed that GOWISELY was not followed - the adrenaline on arrival at the scene may have skewed the process. Only grounds and objects were specified with the first male, legislation was mentioned with the second male. Case has not been reviewed by Supervising Officer - recommend That Supervisor and officers are reminded of required procedures.
SUMMARY
Acting as critical friends, the panel will continue to constructively point out the gaps in D&C Police procedures and structures as well as celebrate successes going forward. Our recommendations above are a starting point - your responses to these are crucial to effective independent scrutiny and a force trusted by the people they serve, following guidelines set before them with integrity.
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