NOVEMBER 2023 REPORT (7-9pm)
NOVEMBER 2023 REPORT (7-9pm)
DCCS Panel members along with Chief Inspector Tom Cunningham and Body Worn Video [BWV] Systems Administrators Karen Janicka welcomed new panel members with visiting D&C Police Acting Chief Constable Jim Colwell and Chief Superintendent Benjamin Deer (Chair of the Race Action Plan).
This month’s cases selected BWV are from officers previously rated with ‘unknown’ 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, as well as an update to the DCCS Panel’s logo.
The Chair also shared a recent update following our DCCS Panel Reports submitted to D&C Police:
If no BWV is submitted for a Stop & Search (S&S), this will now be automatically flagged as a ‘Red’ RAG rating and officers must explain why there is no footage.
Plain-clothes officers have been provided outfits with attachments that can allow cameras to be quickly clipped on once they’ve identified themselves.
All data showing missing BWV will be given to the Chair of each BCU Panel to actively challenge use of BWV through line managers.
The Chair and Chief Inspector Tom Cunningham will select a case for testing scrutiny standardisation. Panel members discussed the benefits of selecting a case that has been through D&C Police internal scrutiny and compare their feedback and process to the DCCS Panel.
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]
NOVEMBER 2023 REPORT (7-9pm)
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 on electric scooter, Liskeard
BWV 1 feedback to be provided:
Investigation, responses and learning required with:
No pre record - footage did not show the start of the interaction.
Some panel members assessed the grounds for S&S unclear - vague reasons to do with the ‘scooter dealing drugs’ or ‘previous behaviour’. Not based on specific intelligence.
GOWISELY was not followed - most sections were missing
Actions to be commended:
Officer was respectful, used dialogue to keep the situation calm.
S&S BWV 1 ASSESSMENT
D&C POLICE RESPONSE TO S&S BWV 1
Officer’s response not received.
S&S Case 2 - Female seen with package
BWV 2 feedback to be provided:
Investigation, responses and learning required with:
Panel was unsure if the encounter was necessary.
Panel assessed this encounter as unethical. The search was completed before protocols, it was conducted by a male officer on a female subject alone at night, and the officer made concerning remarks: knew she was home alone, mentioned her children and made threatening remarks about losing her tenancy when nothing was found. Officer appeared to have a bias of this known subject.
Officer was unprofessional, patronising and condescending - pointing at the subject whilst walking. Panel members noted they were not surprised the subject didn’t want to engage with this officer.
This is the second case with this officer where GOWISELY is not being followed and RAG rating has not improved.
Did the officer follow up on what he believed he saw? Car / friend that dropped off the package? There appeared to be no interest in this.
Panel asked for clarity on what governance there is on stop checks to make sure that grounds are present? S&S Case 1-2 both have vague grounds. Supervisor sign off should check this.
Panel requests investigation into this, and recommends further training for the officer.
Actions to be commended:
-
S&S BWV 2 ASSESSMENT
D&C POLICE RESPONSE TO S&S BWV 2
Officer’s response not received.
Details of investigation not received.
Check if supervisor signed off this case.
ASSESSING D&C POLICE USE OF FORCE [UOF]
NOVEMBER 2023 REPORT (7-9pm)
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, Liskeard
UoF: compliant handcuffing
BWV 1 feedback to be provided:
Investigation, responses and learning required with:
Initial arrest and use of handcuffs was assessed as rushed by some panel members. More communication could have helped.
Panel asks if there was any investigation into the subject's allegation of being hit/driven at by car?
Actions to be commended:
The panel assessed that the officer did try to de-escalate this situation.
Officer remained calm.
Subject was placed against the wall, out of the way of road/traffic.
The majority of the panel assessed PLANTER as being followed.
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 - Male, Newquay
UoF: non compliant handcuffing
BWV 2 feedback to be provided:
Investigation, responses and learning required with:
Panel assessed the officer's attempts to deescalate the situation as unsatisfactory. Initial attempts of communication were broken with no attempt to bridge it or access translator.
Whilst the subject was talking to the officer, he was ignored as the officers discussed a social event with another member of the public.
Officer appeared to become frustrated with the subject who was intoxicated, shouting and telling him to “clear out of town”. Concerns this comment could be discriminative.
This further escalated to the officer physically pushing the subject multiple times down the street. To the point where a concerned member of the public intervenes.
Officer was assessed as not considering the subject’s wellbeing - his inappropriate behaviour encouraged members of the public to become involved and they were allowed to push the vulnerable male. In his current state, the subject could have easily fallen backwards when pushed and become injured.
The subject was kept face down handcuffed for longer than necessary. Mentioned he was ‘freezing’.
Panel assessed medical attention was needed - blood was seen coming out of his mouth.
Panel members questioned the proportionality of force - the officer pushed him hard towards the end of the incident and threw him on the ground.
Use of force became necessary but this was exacerbated by police action.
PLANTER was not fully followed.
The panel were unsure if police powers were implemented constructively as the officer appeared to lose patience, react and implement UoF after the subject started swearing.
Officer could have asked one of the subject’s friends to take him home as it appeared he lived just down the street, or walked with the man down the street to calm and de-escalate the situation.
According to a bystander it sounded like the subject may have been attacked and wanted access to CCTV. No attempts of trauma informed policing - the subject was a refugee staying at a nearby hotel and mentioned ‘government’ while distressed. This police conduct was poor. Alcohol can mask mental illness.
Actions to be commended:
Officer initially tried to get the subject to leave multiple times and go back to his accommodation.
Suggested subject attend the police station the following day when sober to report any incidents against him.
UOF BWV 2 ASSESSMENT
D&C POLICE RESPONSE TO UOF BWV 2
Officer’s response not received.
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