FEBRUARY 2024 REPORT (7-9pm)
FEBRUARY 2024 REPORT
DCCS Panel members along with Chief Inspector Tom Cunningham and Body Worn Video [BWV] Systems Administrators Karen Janicka welcomed new panel members and visiting police Mark Evans (HMICFRS Force Liaison Lead for Devon & Cornwall Police and Dorset Police) and Chief Superintendent Jennifer Bristow (North, East and West Devon Commander)
DCCS Panel Chair Nathan Kiyaga shared the latest changes based on the panel’s feedback:
a new Resources section on the website to share with others / access.
new alternative accessible forms for those who'd prefer tick box responses instead of text.
an update on D&C Police new streamlined approach to BWV retention.
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 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 SEARCH [S&S]
FEBRUARY 2024 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 suspected of shoplifting
BWV 1 feedback to be provided:
Investigation, responses and learning required with:
Officer could have removed the subject from the shop front / asked if they’d prefer somewhere more private for the search to be conducted (i.e. a security office) to maintain the subject's privacy and dignity. Instead, members of the public and security were watching and listening.
Changing location assists with video scrutiny - due to environmental noise, some parts of GOWISELY were difficult to clearly hear.
Further conversation or explanation of procedure with the subject would have been beneficial from officers during the S&S. More communication was heard from the security officer who also offered a holding room.
Actions to be commended:
This was a positive demonstration of police use of powers when it comes to S&S despite the fact that it was in a very public and noisy place.
GOWISELY followed.
All panel members assessed this encounter as proportionate.
Officers tone was calm tone.
Officers behaved in a professional manner.
S&S BWV 1 ASSESSMENT
D&C POLICE RESPONSE TO S&S BWV 1
The DCCS Panel commends this officer's actions and use of police powers in this particular case.
S&S Case 2 - Male with intent to shoplift
BWV 1 feedback to be provided:
Investigation, responses and learning required with:
As the subject appeared to be intoxicated, some of the information provided could have been delivered slower to help with the questioning.
The officer could have communicated more with the subject through the search and explained procedure. When the S&S began, the officer went straight to the jumper hood and neck without a verbal warning, which could have escalated the situation.
When removing tablets that aren’t legal, best practice would be to signpost the subject to where they can get the correct support for prescription, especially as the subject appeared very anxious about them being confiscated.
Officer could have asked if the subject needed medical attention.
Actions to be commended:
The panel were encouraged by the positive use of power in this video.
This was a strong demonstration of the use of a common sense approach to community policing - the officer prevented the subject from committing a crime instead of waiting to arrest him (items found hidden in trousers during S&S).
All panel members assessed this encounter as proportionate.
Officer arranged a space to conduct S&S away from the shop floor - respecting the subject's privacy / dignity.
GOWISELY was followed.
Officer was calm, patient and polite.
Officer’s dialogue was clear, using deescalating techniques as needed.
Incident was not rushed and following this, the officer supported the subject with his shop then took him home safely (and away from risk of crime).
At the end of the BWV clip, the officer encouraged the subject to report a gun incident he’d mentioned.
All panel members assessed that in this context, the subject received the best service the police could have provided.
S&S BWV 2 ASSESSMENT
MAKING ACTIVE CHANGE
"The stop search of the man in the Tesco's in North Devon which we watched in February is now shown as training to officers with the feedback that was given from the DCCS Panel.
This is really good and shows how panel members' feedback is actively changing how officers are being trained with regards to use of police powers"
- Chief Inspector Tom Cunningham
D&C POLICE RESPONSE TO S&S BWV 2
The DCCS Panel commends this officer's actions and use of police powers in this particular case.
S&S Case 3 - Male running at night
BWV 1 feedback to be provided:
Investigation, responses and learning required with:
Panel was unsure if this encounter was necessary - can running be grounds for suspicion?
Panel was unsure if this encounter was proportionate as there were a lot of officers in attendance and the compliant subject was handcuffed without any reasoning provided (officers could have explained it was a precaution as he’d already run and was intoxicated).
Some panel members were unsure if GOWISELY was fully covered as the audio was not very clear. In this context, when an officer is out of breath from running, another officer taking the lead with communication / instructions would be best practice.
Nothing was found - panel members asked if there are debriefs after incidents with no objects of interest found re: use of intelligence / procedure?
Actions to be commended:
Officer instructed colleague who was holding the subject’s arms to release him and check out the phone box, creating a better proportionality of officers to subject.
D&C POLICE RESPONSE TO S&S BWV 3
Officer’s response not received.
ASSESSING D&C POLICE USE OF FORCE [UOF]
FEBRUARY 2024 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 - Young female in possession of knife
BWV 1 feedback to be provided:
Investigation, responses and learning required with:
The panel were unsure about the proportionality of deployment to this incident. It seemed to be excessive. There were 5 male officers for a vulnerable young female - no female officers available which could have been very helpful. Other agencies should have been involved, especially with no female officers present.
The panel could only assess first use of force as there is no BWV available for the second use of force implemented with the arresting officer.
With the first officer building a rapport with the subject, it would have been good practice for this point of contact to have stayed with the subject instead of officers changing.
Panel recognised that there should have been support for officers with Section 136 - and further still, the subject needed to go to a space of safety in a car or ambulance, not be arrested and placed in a police van. The system let officers down with lack of options / training issues.
Panel requests this case be referred to Section 136 Panel to look at process, support provided and well-being follow up.
Actions to be commended:
The panel recognised that the first officer tried to deescalate the situation and negotiate the knife away for 19 minutes. He acknowledged and empathised with the subject and used very clear, calm and slow communication from the start. This approach is commendable in such a scenario. It appeared to be trauma-informed.
The subject wad given clear warnings in multiple ways about the possibility of a taser being drawn. This is commendable as repetition is necessary with this level of trauma.
Officer was able to eventually move the knife away safely without any higher use of force - panel commended this proportionate use of force.
UOF BWV 1 ASSESSMENT
✓ Necessary
? Proportionate
? Ethical
? PLANTER Followed
Result =amber 4
The panel would likely have initially rated this situation as 'green' based on the commendable handling by one officer. However, the subsequent involvement of multiple officers without a clear plan caused it to be downgraded to 'amber'.
D&C POLICE RESPONSE TO UOF BWV 1
Officer’s response not received.
UOF Case 2 - Searching for known male
BWV 2 feedback to be provided:
Investigation, responses and learning required with:
The panel assessed no deescalation with the subject except for officers shouting on entry and giving ‘taser drawn’ warning. However, the subject did resist arrest.
The BWV angle and dynamic incident made footage difficult to view and assess.
Panel members were unsure about the officers' use of PAVA spray considering the number of officers already on top of a handcuffed subject in a small space - could have impacted everyone’s safety.
Officers should remain professional at all times, even when out of public earshot.
Actions to be commended:The majority of panel members assessed the use of force as necessary and reasonable in this case.
D&C POLICE RESPONSE TO UOF BWV 2
Officer’s response not received.
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