MAY 2024 REPORT (7-9pm)
MAY 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 Ch Supt Roy Linden and Lauren Duguid, Geographic trainer and assist to BWV expert.
This month’s cases selected BWV involving repeat subjects of S&S and UoF following up with all officers without BWV
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]
MAY 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 - Report of group taking drugs - 2 male subjects and 1 female subject:
Investigation, responses and learning required with:
Panel were unsure if all of GOWISELY was followed as it was not very clear.
Best practice would be to talk through S&S even if they say they are aware of procedures.
Panel members were unsure if this encounter was proportionate. Female subject mentioned a few times about not being touched by a male officer - 2 additional male officers joined and appeared to be conducting her S&S, which is excessive. Panel asked if a female officer was called? At one point she appeared to have dropped her trousers which is concerning.
Some panel members asked why theft was mentioned when the grounds were drugs? Potential bias?
No conversation or help offered regarding: subjects’ sleeping provision for that night / signposting to support service.
Actions to be commended:
Officer was initially calm, polite and professional.
Response received from visiting Ch Supt Roy Linden:
I would expect a conversation between officers and subjects re: safety and support if needles are evident.
S&S BWV 1 ASSESSMENT
D&C POLICE RESPONSE TO S&S BWV 1
Officer’s response not received
S&S Case 2 - Vehicle stop - section 23 drug search, suspicious activity at the side of the road:
Investigation, responses and learning required with:
Panel did not assess this encounter as necessary. There was Intelligence surrounding the car, however unsure about the initial reason for the stop. Panel also questioned ‘acting furtively’ being sufficient grounds to S&S the car passenger.
Panel did not assess this encounter as proportional. There appeared to be a large number of officers present. Additionally, the driver who owned the suspicious vehicle wasn’t handcuffed as they were compliant,, but the passenger was handcuffed when they were polite and compliant (and also known to one of the officers).
Panel requested clarity on handcuffing procedures as we were told at this afternoon’s scrutiny that handcuffing at the front was not allowed but it happened in this case. Panel also requested legalities of knives in these instances.
GOWISELY was run through very quickly for the driver. GOWISELY not covered at all for the passenger’s S&S. Each needs to be treated as its own incident and protocol run through for every subject involved.
Officer wasn’t clear with the arrest - the subject had to ask him to repeat a couple of times as he couldn’t hear or understand what had happened.
Panel advises officers to avoid asking personal questions such as why someone was just in hospital. Subject voluntarily disclosed he slept in the woods, officers could have asked about support with rough sleeping and shown some empathy.
Panel asks if there were any further investigations into the bank card found that wasn’t the subjects?
Actions to be commended:
GOWISELY was followed for the driver.
Response received from visiting Ch Supt Roy Linden:
Camping is not a lawful excuse for having a bladed article - an interview would need to be conducted to assess the incident.
Handcuffing is the personal discretion of an officer - up to them to justify.
‘Acting furtively’ is not grounds. Needs to be based on what is seen or heard.
S&S BWV 2 ASSESSMENT
D&C POLICE RESPONSE TO S&S BWV 2
Officer’s response not received
ASSESSING D&C POLICE USE OF FORCE [UOF]
MAY 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 - Male stopped under suspicion of drink driving:
Investigation, responses and learning required with:
The panel did not assess deescalation - subject was immediately handcuffed.
Panel requested clarity on handcuffing procedures as we were told at this afternoon’s scrutiny that handcuffing at the front was not allowed but it happened in this case.
Officers asked intoxicated subject multiple questions at the same time - a clear lead would be best practice.
The panel was unsure if officers fully followed PLANTER in this incident.
Actions to be commended:
Officers treated the subject with respect.
Response received from visiting Ch Supt Roy Linden:
I don’t believe handcuffing was necessary in this case.
UOF BWV 1 ASSESSMENT
D&C POLICE RESPONSE TO UOF BWV 1
Officer’s response not received
UOF Case 2 - Male suspected of ABH. Torquay town:
Investigation, responses and learning required with:
The panel did not assess deescalation - subject was immediately handcuffed.
More communication needed initially - could have escalated the situation by arresting the subject so quickly without much dialogue, especially as he was intoxicated.
Subject stopped and spoke to his girlfriend who was the victim’s sister and involved in the incident - should this have been permitted?
Actions to be commended:
Officers had reasonable grounds as the subject was identified by CCTV.
Officer reminded the subject he was under caution and helped to explain the situation and why they couldn’t provide more information (protecting his interests by not entering into an interview at that point). All panel members assessed officers as honest as truthful through the encounter.
Panel assessed PLANTER as being followed.
Response received from visiting Ch Supt Roy Linden:
No circumstances provided with the arrest.
Once the subject is handcuffed, they can say “you have been seen by CCTV to…”,, “you have been handcuffed as you are under arrest”.
Decuff would not be appropriate in this situation even if compliant due to level of incident and intoxication.
UOF BWV 2 ASSESSMENT
D&C POLICE RESPONSE TO UOF 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.
“These conversations never stop. The diversity of thought in the DCCS Panel is incredibly valuable”
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