MAY 2023 REPORT
MAY 2023 REPORT
DCCS Panel members along with Chief Inspector Tom Cunningham and Body Worn Video [BWV] Systems Administrators Karen Janicka welcomed panel members.
This month’s BWV selection D&C Police were unable to access due to IT issues - the new system NICHE should be in place by Autumn at the latest. Therefore, cases were selected at random.
Before observing body-worn footage selected by the panel from the previous month's cases, the Chair reminded panel members of wellness practice and the opportunity for debriefing at the end of the meeting.
The Chair also shared recent updates:
Steve Matthews (Training & Delivery Manager) has replied to the panel and apologised for the delay in responding to diversity training questions, - he “will be sending replies soon”.
Chief Constable Will Kerr is very thankful for the panel and would like to have an hour's discussion on the 6th June re: conversations to have with the senior leadership team of D&C Police. If panel members to share any thoughts / questions / topics, please email admin@dccspanel.org.uk.
D&C Police want to open the door to the panel with insights, different language and challenges to inform their practices. Would you as panel members like to join any in-person senior leadership team meetings in Cornwall, Plymouth or Exeter? Please email admin@dccspanel.org.uk if this is something you’d like to be involved with.
D&C Police are open to having 2 panels on the first day of each month so we can scrutinise more videos. As some panel members have requested afternoon sessions, we have requested 2-4pm. This would be from September onwards for enough transition time, we would need to have 7 members present as a minimum. Please email admin@dccspanel.org.uk if you would attend afternoon scrutiny meetings.
Some panel members have requested notes are taken of any information and context given to the panel by D&C Police about the footage. The Chair will ask panel members during each scrutiny if they would benefit from more context before the cases are viewed. This will be decided by the showing of virtual hands and the majority decision will be taken forward.
In our reports we will now be making a note of the start and end times the BWV extract was shown to the panel.
Previously RAG rated’ red ‘ and ‘amber’ officers have been shared with BWV Systems Administrators Karen Janicka to monitor.
The following report identifies points to action, D&C Police responses, case assessments and outstanding areas that require investigation.
Body-Worn Video Assessment .
Body-Worn Video Assessment .
ASSESSING D&C POLICE STOP AND SEARCHES [S&S]
MAY 2023 REPORT
Body-Worn Videos
Via Microsoft Teams, at the start of each case BWV Systems Administrator Karen Janicka played the clip selected by the panel before members completed their anonymous assessment, discussed and submitted the below feedback.
Chief Inspector Tom Cunningham circulated this report with actions and recommendations to D&C Police Basic Command Unit, Operations Department, Learning and Development, Force Stop and Search Lead and Force Use of Force Lead.
All confirmed discussions, decisions and/or actions taken by officers and supervisors following receipt of the DCCS Panel report are identified in bold blue text.
Panel members use GOWISELY as part of their scrutiny assessment. It is an acronym that officers must use to provide information to a subject before the Stop and Search. If the GOWISELY procedure is not followed then the S&S is highly likely to have been unlawful.
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
S&S Case 1 - Male stopped outside of toilet, Paignton
BWV 1 feedback to be provided:
Start / end time of extract observed: 14:38 - 14:45
Investigation, responses and learning required with:
Regarding proportionality, the panel asks why there was such a large police presence of six officers to one subject?
Search was conducted in public view of shops - officers could have conducted the S&S around the corner to maintain subject’s dignity.
S&S as a “deterrent in an area of interest” isn’t enough grounds / intelligence. There needs to be more than just the location. Officer found nothing during the search (NFA), which indicates better intel is needed and questions ethics of search.
The panel noticed a female officer taking a photo of her colleague whilst in the middle of S&S which is very inappropriate - what is the policy on this?
Actions to be commended:GOWISELY followed.
Professional, conversational, respectful tone, care shown for subject’s belongings and previous theft of phone mentioned.
S&S BWV 1 ASSESSMENT
D&C POLICE RESPONSE TO S&S BWV 1
The DCCS Panel recognises that there are areas of excellent practice from this officer and areas of learning. May the former be a strong foundation for the latter.
S&S Case 2 - Young male, Camborne
BWV 2 feedback to be provided:
Start / end time of extract observed: 12:20 - 12:24
Investigation, responses and learning required with:
The officers didn’t follow GOWISELY - only mentioned object that they found. Even if the subject was known and had knowledge of procedure, it still must be clearly articulated. Training is required for these officers.
Some panel members asked if the presence of a weapon should have resulted in the subject being handcuffed for police protection?
Actions to be commended:All panel members assessed this S&S as necessary, proportionate and ethical.
Officers communicated well and remained calm when the subject became angry, avoiding escalation.
Rating would have been higher if GOWISELY followed.
S&S 2 ASSESSMENT
D&C POLICE RESPONSE TO S&S BWV 2
Officer’s response not received.
S&S Case 3 - Report of male shoplifting
BWV 3 feedback to be provided:
Start / end time of extract observed: 18:20 - 18:26
Investigation, responses and learning required with:
GOWISELY was not fully followed and should have been run through sooner and with less haste. Speaking slower and explaining what they are doing would be best practice.
Mentioning a subject may have been known and asking where he was homeless in the past could be quite upsetting. Officers could have conducted a trauma-informed approach, listened and recognised opportunities to support when the subject mentioned he battled getting clean from drugs.
Living in a rural area and being visibly, publicly searched can be quite critical for someone trying to make positive changes. Officers could have moved the subject to a quieter location to maintain subject’s dignity.
Officers need to avoid leading questions / assumptions - language dissuaded the subject asking for receipt "you don't want a record, no."
Actions to be commended:
Officer’s demeanour was professional, calm and conversational.
S&S 3 ASSESSMENT
D&C POLICE RESPONSE TO S&S BWV 3
The DCCS Panel recognises that there are areas of excellent practice from this officer and areas of learning. May the former be a strong foundation for the latter.
S&S Case 4 - Vehicle stop, male, Exeter
BWV 4 feedback to be provided:
Start / end time of extract observed: 02:55 - 03:04
Investigation, responses and learning required with:
Panel were unsure if this S&S was necessary, proportionate or ethical.
Very compliant and pleasant subject considering what was happening (he was a passenger in the car stopped). Panel members questioned why officers handcuffed with double lock immediately with no information provided when subject was compliant. This procedure wasn’t used with white male in S&S Case 2 who had a knife.
Panel assessed the presence of bias because the subject wasn't white. Officers unprofessionally drew attention to his ethnicity, taking out his ID, being fascinated by ‘different money’, pointing out difference and othering him (half Romanian / half Syrian).
Just because the subject came across as being ok with the situation, doesn’t mean he was, especially being searched publicly close to his workplace.
Panel found the grounds for S&S conflicting and confusing. Subject themself had to prompt the officer for grounds of arrest, asking twice what happened with the car and the grounds kept changing. The officer said "reports of..." and tailed off with no information provided.
GOWISELY provided after the passenger was arrested with no information.
Actions to be commended:
-
S&S 4 ASSESSMENT
D&C POLICE RESPONSE TO S&S BWV 4
Officer’s response not received.
ASSESSING D&C POLICE USE OF FORCE [UOF]
MAY 2023 REPORT
Body-Worn Videos
Panel members use PLANTER as part of their Use of Force scrutiny assessment:
PROPORTIONATE amount of force implemented
LENGTH of force used
ACTIONS of subject warranted use of force
NECESSARY to use force to protect the subject, officers or members of the public
TYPE used was minimum appropriate
ETHICAL to use force in the situation
REASONABLE for officer(s) to employ
UOF Case 1 - Suspected assault, male, Newquay
Start / end time of extract observed: 13:58 - 14:03
UoF: non compliant handcuffing, taser drawn
BWV 1 feedback to be provided:
Investigation, responses and learning required with:
The officer allowed one arm of the subject to stay free which was a risk. The subject should not have been permitted to make a phone call. Appeared to be positive bias as he was a known subject. Could have escalated into a 1:1 fight without other officers' arrival especially when he tried to escape / was not cooperating. Much more leeway given than viewed in any other UoF incident. Additional training required.
Other officers were more forceful when they arrived on scene - the reporting officer took control and calmed the situation.
Panel members highlighted this could be a possible section 136 - was there any follow through / outcome with this?
Actions to be commended:PLANTER was followed.
Officer was honest and truthful throughout the encounter.
Subject’s welfare was considered.
Use of police powers were used constructively.
Officer tried to deescalate the situation - using dialogue before the subject ran, clear instructions with taser drawn and explaining with professional language the reasoning for force required to handcuff.
Officer was very calm and polite considering the adrenaline from the chase, being on his own and the subject challenging him.
Officer kept the situation from escalating badly when other officers arrived with potential for more force, stating ‘All in order’.
UOF BWV 1 ASSESSMENT
D&C POLICE RESPONSE TO UOF BWV 1
The DCCS Panel commends this officer's actions and use of police powers in this particular case.
UOF Case 2 - Report of weapon, male, Bideford
Start / end time of extract observed: 06:25 - 06:28
UoF: non compliant handcuffing, taser drawn and red-dotted, leg restraint
BWV 2 feedback to be provided:
Investigation, responses and learning required with:
The subject was under the influence and not cooperating. Some force was necessary, however the officer’s camera angle prevented effective scrutiny to see when the weapon was dropped and if the type of force was proportionate.
The panel was unsure if PLANTER was fully followed.
The panel asked if support services were sought afterwards as a need appeared present.
Officer with BWV should have stayed on scene while the incident was still active.
Actions to be commended:Officer was professional, spoke clearly, explained what would happen with the pointed article present and gave instruction / warning of taser deployment.
UOF BWV 2 ASSESSMENT
D&C POLICE RESPONSE TO UOF BWV 2
The DCCS Panel recognises that there are areas of excellent practice from this officer and areas of learning. May the former be a strong foundation for the latter.
“The constabulary can learn a lot from this panel”
Interested in making a difference?
Improve accountability, transparency and trust between D&C police and the communities they serve
Receive free training, work alongside inspiring individuals and help make positive changes
Scrutinise Stop & Search and Use of Force, or join Sub-committees to share your skills or learn new ones
