OCTOBER 2023 REPORT (2.30-4.30pm)
OCTOBER 2023 REPORT (2.30-4.30pm)
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 Superintendent Toby Davies - Local Police Area (LPA) Commander for North and West Devon.
This month’s cases selected BWV are from young people under 18 years of age.
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]
OCTOBER 2023 REPORT (2.30-4.30pm)
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 - Young male, suspected offensive weapon
BWV 1 feedback to be provided:
Investigation, responses and learning required with:
Panel was unsure if GOWISELY was fully followed - some members couldn’t hear identity or station.
Subject may have been intoxicated but he was trying to be helpful - officers could have treated the subject with more care.
Actions to be commended
Panel assessed this encounter as necessary - duty of care due to firearms intelligence.
Panel members assessed this encounter as proportionate for the grounds identified.
S&S BWV 1 ASSESSMENT
D&C POLICE RESPONSE TO S&S BWV 1
Officer’s response not received.
S&S Case 2 - Young male, Ilfracombe
BWV 2 feedback to be provided:
Investigation, responses and learning required with:
The panel was unsure if this encounter was necessary as the officer didn’t appear to know if he was searching the correct subject. Intelligence / grounds appeared to be lacking.
Some panel members were unsure if this encounter was proportionate as the officer was very quick to handcuff the subject, but panel appreciates this may have been due to reports of a weapon.
Officer didn’t ask the subject his age prior to the search.
The panel was unsure if GOWISELY was fully followed - some panel members did not hear the station.
Actions to be commended:
Officer treated the subject with respect.
Officer was clear and explained the situation to the young male.
Subject was allowed to sit, given a drink and move - the situation was prevented from escalating.
S&S BWV 2 ASSESSMENT
D&C POLICE RESPONSE TO S&S BWV 2
Response received from officer:
“Just to confirm that I’ve spoken to both the subject’s (mother) to gain consent and also know the subject himself. He was very complimentary and stated that he knew the officer who searched him as he’d seen him before, which provided him with some local assurances and put him at ease. He was nervous but admitted being fully aware why he was being searched and that he didn’t have any concerns with the search in a physical sense or with the lawfulness of it. His mum was also content with the way the matter was resolved via appropriate use of a CR outcome upon the cannabis find.” (Rich Preston - Sector Inspector, North Devon)
Panel response:
The Devon and Cornwall Community Scrutiny Panel expresses its gratitude to the officer for their prompt response and diligent follow-up with both the subject and his mother.
S&S Case 3 - Young male, skatepark
BWV 3 feedback to be provided:
Investigation, responses and learning required with:
A panel member asked for further information on whether S&S are necessary when members of the public need knives for work.
Panel members were unsure if the subject was told ‘you are detained’ for GOWISELY.
Actions to be commended:
Panel assessed this encounter as proportionate.
Officer controlled the situation well.
Subject was treated fairly and with respect.
Panel assessed this encounter as ethical.
Officer was clear and explained what was happening.
All panel members thought that in this context, the subject received the best service the police could have provided.
S&S 3 ASSESSMENT
D&C POLICE RESPONSE TO S&S BWV 3
The DCCS Panel commends this officer's actions and use of police powers in this particular case.
ASSESSING D&C POLICE USE OF FORCE [UOF]
OCTOBER 2023 REPORT (2.30-4.30pm)
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 male, Exeter
UoF: non compliant handcuffing, body restraint, PAVA spray
BWV 1 feedback to be provided:
Investigation, responses and learning required with:
Panel did not assess officers as trying to deescalate the situation.
Body-worn video angle made visibility / scrutiny difficult.
Panel members were unsure if this initial number of six officers was proportionate for one male - appeared very excessive and escalated the situation.
Officers said they “didn’t know” what the subject had done which is very concerning considering he’d been tackled to the ground.
One officer was unprofessional and did not use police powers constructively. He pushed the subject’s head into the ground and called him a ‘tw**’.
Subject appeared to need medical attention after PAVA spray use of force was implemented.
Panel was unsure if PLANTER was fully followed.
Actions to be commended:
The type of force implemented was considered.
UOF BWV 1 ASSESSMENT
D&C POLICE RESPONSE TO UOF BWV 1
Officer’s response not received.
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