AUGUST 2024 REPORT (7-9pm)
AUGUST 2024 REPORT
DCCS Panel members along with Chief Inspector Tom Cunningham and Karen Janicka (BWV Subject Matter Expert for Devon & Cornwall) welcomed new panel members and visiting BCU Commander Chief Inspector, Chris Conway
This month’s cases selected BWV involving repeat subjects of stop and search (red/amber officers prioritised)
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 - Four young males in Exeter park - officer smelt cannabis whilst patrolling:
Investigation, responses and learning required with:
The Panel asks why there is no NICHE reference number?
Several Panel members expressed uncertainty about the grounds for the stop, questioning whether it was clearly communicated.
Best practice would be to run through what’s happening in the search, especially with the subjects being young people.
There was concern that the search wasn’t as thorough as expected, missing some details such as under one subject’s hat.
Some Panel members felt that the communication, especially with younger individuals, could have been more thorough and engaging. Little dialogue with the subjects at the start- only instructions.
The Panel noted a missed opportunity to build rapport and learning, as well as model positive police-citizen interactions. The interaction lacked leadership and rights and responsibilities could have been explained (i.e. carrying around weighing scales).
GOWISELY was not fully followed and should have been repeated as four subjects were being searched.
Actions to be commended:
The officers had a professional and calm demeanour.
Positive engagement with young people was noted, especially when communicating clearly and respectfully - thanking the subjects at the end of the incident.
Response received from visiting BCU Commander
“The attitude and professionalism of officers was there, however they didn’t maximise the opportunity with those young people. Nothing was mentioned about the scales and that could have been an educational conversation. Didn’t appear that subjects were offered entitlement or the station, but I appreciate it may have been cut off from the start. No requirement to go through GOWISELY individually if they can all hear but best practice would be to go through much more thoroughly before search is commenced. Officers did utilise the subject’s assistance to find out more about the bank card, but they could have built rapport further. Officers must have a genuine suspicion and the subjects were the only individuals in the area that smelt of cannabis. Would have liked to have seen them being more proactive and thorough in the search (looking under hat).”
S&S BWV 1 ASSESSMENT
D&C POLICE RESPONSE TO S&S BWV 1
Officer’s response not received
S&S Case 2 - Report of drink and drug use in the area:
Investigation, responses and learning required with:
Search procedure was thorough but GOWISELY was not fully covered - station missed.
Some Panel members expressed uncertainty regarding the grounds for this subject’s search, with concerns that the search may have been based on prior knowledge of the individual rather than solid legal grounds.
A few Panellists noted that the searches were not as thorough as they could have been - vague responses about phone, not searching shoes, or looking for clothes even though the subject was wearing very little.
Actions to be commended:
The majority of the Panel assessed this encounter as necessary.
The officer was professional, polite and friendly.
The officers calm demeanour and reassurance about BWV being on helped de-escalate the situation with a bystander.
The Panel assessed this encounter as proportionate.
The majority of the Panel assessed this encounter as ethical.
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 that engagement and rapport was positive. The officer did miss out on station and should be used every time even if known. Should have articulated to the subject why he was conducting a S&S on him and not the others. Positive to hear the subject repeatedly telling his friends “these are nice officers. Searching shoes depends on the situation, but we can’t search around an area looking for the rest of his clothes unless an officer found something on him or saw something dropped”.
S&S BWV 2 ASSESSMENT
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.
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 - Report of a domestic disturbance - white male:
Investigation, responses and learning required with:
Several Panellists noted the need for clear safeguarding measures for the child at the scene, questioning whether referrals to social services were made and if there was adequate follow-up with the family. Daughter was obviously upset and tried to disclose to the female officer violence against her mum when the male subject was permitted to approach. The mother and daughter may have required more immediate support, separate from the subject’s arrest.
Some Panel members expressed concerns about whether the suspect’s repeated claims of being in pain were fully addressed.
The officers were praised for their ability to maintain professionalism while dealing with verbal and physical abuse. However, Panellists noted that it was important to continue de-escalation tactics even after the use of force was applied. Subject’s partner appeared to be doing most of the deescalation.
Actions to be commended:
Most Panel members assessed that the officers made significant efforts to de-escalate the situation, which involved a potentially volatile family dispute. Officers communicated well, were extremely patient and remained calm and composed despite verbal and physical attacks from drunken male subject.
There was unanimous agreement that the officers were honest and truthful throughout the encounter.
The officers were praised for their concern for the welfare of all involved, including the suspect, the child, and the wife. Asking if the male was on medication and tried to ensure that the handcuffs were not hurting him.
Female officer took the female subject away from male to talk in private.
The Panel assessed use of force as appropriate and proportionate to the situation. The officers only applied force after multiple warnings and attempts to defuse the tension.
PLANTER was followed well and officers acted ethically throughout the encounter.
Many Panellists commended the officers for their ability to maintain calmness, even while being verbally attacked, and for showing empathy and compassion towards both the subject’s wellbeing in the van and the family members.
There was unanimous agreement that in this context, the subject received the best service the police could have provided.
Exemplary police work.
Response received from visiting BCU Commander
“Compassion shown from both officers despite being threatened and kicked by the subject. Officers kept control of the situation until the police van came. It would be preferable for officers to have entry to the premises and talk to other occupants in the house away from the subject. Young daughter could have been kept away from the situation as very traumatic, but tricky considering the need for both officers to be with the male subject. Very proud of both officers. When officers are assaulted they are supported with a framework but it does take a toll. PPN everytime officers engage with a child under 18 - these details go to appropriate agencies such as school so that extra support can be given.”
UOF BWV 1 ASSESSMENT
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.
“It’s key that scrutiny panels share positive cases as well as negative cases - panel members do this and give a proportionate response. The DCCS Panel is positive intervention for the police service”
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