AUGUST 2024 REPORT (3-5pm)
AUGUST 2024 REPORT
DCCS Panel members along with Chief Inspector Tom Cunningham, Karen Janicka (BWV Subject Matter Expert for Devon & Cornwall) and Lauren Duguid (BWV Expert Support) welcomed new panel members and visiting BCU Commander Ch Supt Jim Gale, Operations Commander for D&C Police
This month’s cases selected BWV involving Officers previously RAG rated ‘red’, ‘amber’ and with high numbers of NFA cases.
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]
AUGUST 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 white female threatening to stab someone in a shop:
Investigation, responses and learning required with:
The Panel asks why there is no NICHE reference number for this case.
The Panel were unsure if this encounter was ethical - GOWISELY elements were not communicated (heard more of it being spoken into the radio rather than explained to the individual) and concerns about past criminal history being mentioned, as well as the subject being allowed to answer their phone during the stop.
Best practice would be to run through what’s happening in the search, even if the subject has been through it before.
Male officer didn’t engage with the subject except to ask why she’d been in prison.
Most Panel members believed the subject did not receive the best service the police could have provided due to procedural gaps.
Training needs identified regarding the GOWISELY procedure.
Several Panel members suggested this case be selected for future dip sampling, to assess whether the GOWISELY procedure improves over time.
Actions to be commended:
The Panel assessed this encounter as necessary, citing threats of violence such as a report of potential stabbing and a weapon.
The Panel assessed this encounter as proportionate.
Female officer maintained professionalism and a calm approach, communicating and using the subject's name.
Female officer searched a female subject.
Explained why they needed to search based on the report of the weapon received.
Response received from visiting BCU Commander
“Agree with everything the Panel has said - GOWISELY was not covered. Human interaction prevented any escalation”.
S&S BWV 1 ASSESSMENT
✓ Necessary
✓ Proportionate
? Ethical
X GOWISELY Not Followed
Result = amber 5
(primarily due to the incomplete GOWISELY process)
D&C POLICE RESPONSE TO S&S BWV 1
Officer’s response not received
S&S Case 2 - Vehicle stop - suspicion of drug driving:
Investigation, responses and learning required with:
Subject was very compliant, the Panel questioned the need for handcuffing, and the use of front handcuffing, as rear cuffing is more common.
Best practice would be to run through what’s happening in the search, i.e. where the officer will be touching.
Actions to be commended:
Panel members largely agreed the encounter was necessary, citing evidence of drugs and concerns about the subject being a professional driver.
Most Panel members felt the encounter was proportionate, the search appeared calm and professional.
Panel members found the officers’ behaviour ethical, citing professionalism and a polite demeanour.
Officer made it clear the subject wasn’t arrested and the handcuffs would come off if nothing was found.
Officer explained the law fully, the situation to the subject and what would happen if drugs were found.
Officer educated the subject and gave sound advice about the legal implications of drug use for professional drivers.
GOWISELY was followed.
Most Panel members assessed that in this context, the subject received the best service the police could have provided.
Response received from visiting BCU Commander
“Agree with all of the Panel comments. Re: handcuffing, officers are mindful of personal safety and while not obligatory ro handcuff, with all the circumstances presented, they may choose to implement this as it’s safe for them and colleagues. Drug use can lead to unpredictable behaviour and in these circumstances it is justifiable. Handcuffing to the rear is more common but front can be an advantage to see subject’s hands and if they are reaching for anything”
S&S BWV 2 ASSESSMENT
D&C POLICE RESPONSE TO S&S BWV 2
Officer’s response not received
Panel response:
The DCCS Panel commends this officer's actions and use of police powers in this particular case. The rating reflects strong adherence to procedure, though some minor points for improvement were noted.
S&S Case 3 - Report of white male with knife:
Investigation, responses and learning required with:
The Panel asks why there is no NICHE reference number for this case.
Audio was difficult to hear at the start.
The subject displayed very threatening communication and body language from the onset of the encounter. Some Panel members were surprised that use of force was not implemented, especially given the volatile nature of the situation and previous similar scenarios.
Some Panel members were concerned that the subject appeared to be in control of the situation. Officers appeared fearful of the subject and allowed him to make the decisions and chose not to be handcuffed.
Some Panel members suggested this case could be selected for future dip sampling to explore the balance between de-escalation and maintaining control of the situation, especially regarding the subject’s perceived control and the use of handcuffing.
Actions to be commended:
The Panel assessed that the encounter was necessary due to the reported threat of a knife.
The majority of the Panel assessed the encounter as proportionate. Officers maintained calm in a very difficult situation, and their approach was balanced.
Panel members assessed the officers’ conduct as ethical, commending their calm communication and de-escalation efforts with a very volatile subject.
GOWISELY was generally adhered to, although some concerns were raised about the clarity of communication during the encounter.
Most Panel members agreed that the subject received good service, though there were noted concerns about the balance between de-escalation and necessary force.
Response received from visiting BCU Commander
“The potential for escalation does mean a de-escalation strategy is the right way to go with tactical comms. If he hadn’t de-escalated, the officers would have intervened with a use of force. When the subject removed clothing, this visibly diminished the risk of a knife being concealed.”
S&S BWV 3 ASSESSMENT
D&C POLICE RESPONSE TO S&S BWV 3
Officer’s response not received
Panel response:
The DCCS Panel commends this officer's actions and use of police powers in this particular case. The rating reflects strong adherence to procedure, though some minor points for improvement were noted.
ASSESSING D&C POLICE USE OF FORCE [UOF]
AUGUST 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 - Foot pursuit of white male running from officers:
Investigation, responses and learning required with:
The Panel raised concerns about the inappropriate language used by the first officer - “Don’t be a dick”. This is not helpful or professional for the subject or his colleagues.
Uncertainty about whether the subject needed medical help was raised. The subject mentioned a hurt leg.
The Panel questioned whether the officers adequately addressed potential mental health issues.
Actions to be commended:
Multiple Panel members noted that the second officer tried to de-escalate the situation effectively, using clear and calm instructions despite adrenaline from the chase.
The second officer’s conduct was professional - he explained the process, why he was being arrested / handcuffed and what would happen.
The second officer considered the welfare and wellbeing of the individual by addressing the subject's fears and repeatedly reassured him, building a rapport and offering help. Officer made it clear that the subject’s safety was important and supported him getting out of the river. This officer also acknowledged the subject's issues and genuine fear with other people wanting to “kill him” and said they’d discuss this at the station.
Panel members agreed that the use of force was implemented constructively when necessary.
The majority of the Panel assessed that in this context, the subject received the best service the police could have provided
Response received from visiting BCU Commander
“Agree with all the panel’s points. In an isolated area with difficult terrain, the second officer dealt with this subject well, empathetic and compassionate response”.
UOF BWV 1 ASSESSMENT
✓ Necessary
✓ Proportionate
✓ Ethical
✓ PLANTER Followed
RESULT = green 2
(based on second officers conduct)
D&C POLICE RESPONSE TO UOF BWV 1
Officer’s response not received
Panel response:
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.
UOF Case 2 - Report of young white male with handgun in holiday park:
Investigation, responses and learning required with:
Some Panel members expressed concern regarding situational awareness and searching protocols. It took some time for officers to discover there were two other individuals in the caravan and there didn’t appear to be a subsequent search inside. There was also no visibility of the subject or their associates once they were moved to the side of the caravan off camera.
There were uncertainties about whether the subject needed medical help and how mental health was considered.
Actions to be commended:
Panel members agreed that the use of force was implemented constructively when necessary.
Multiple Panel members noted that officers were professional and effectively controlled the situation. Calm, direct communication - subject managed, weapon found and identified quickly as a BB gun.
There was a clear chain of command and well managed.
Lead officer communicated to colleagues to be considerate of welfare "when securing and detaining 3 older guests who exited the caravan.
The majority of the Panel assessed that PLANTER was followed
Response received from visiting BCU Commander
“Agree with all points. Firearm officers deployed following reports of a gun. Calm collective arrival and quick assessment of risk and family environment. Clear and explicit instructions delivering a safe resolution”
UOF BWV 2 ASSESSMENT
✓ Necessary
✓ Proportionate
✓ Ethical
✓ PLANTER Followed
RESULT = green 1
(based on second officers conduct)
D&C POLICE RESPONSE TO UOF BWV 2
Officer’s response not received
Panel response:
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.
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