OCTOBER 2023 REPORT (7-9pm)
OCTOBER 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.
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 (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 - Black male, report of knife, Newton Abbott
BWV 1 feedback to be provided:
Investigation, responses and learning required with:
Footage didn’t show what happened between the officers leaving the car and the subject being on the ground.
Initially the response appeared quite frantic.
Subject seemed confused as to why he was detained.
Young person had fears for his friend's safety that were not initially listened to, but were ultimately addressed.
Actions to be commended:
Panel assessed this encounter as necessary - report of a knife and fight was in progress.
Officers were sensitive to search and respectful addressing religious clothing.
Female officer was professional, clear, polite, told the subject about BWV and dealt with the drug find well.
Officer de-escalated the situation as soon as possible, obtained information from colleagues and tried to quickly establish what had happened prior to police attendance.
GOWISELY fully followed.
Officer stayed with the subject and arranged a taxi for them to get home safely.
S&S BWV 1 ASSESSMENT
D&C POLICE RESPONSE TO S&S BWV 1
The DCCS Panel commends this officer's actions and use of police powers in this particular case.
S&S Case 2 - Young female detained for trespassing, Brixham
BWV 2 feedback to be provided:
Investigation, responses and learning required with:
To preserve the subject’s dignity, the public bystanders could have been asked to move on instead of watching and commenting.
Female officer didn’t identify herself on arrival.
The female officer should have asked for the grounds to be repeated before the S&S to avoid conducting an unlawful search - shouldn’t assume it’s been covered already.
Male officer’s language was unprofessional and sexist - not acceptable to introduce as “nice little lady”.
Some panel members were unsure if all of GOWISELY was covered.
Actions to be commended:
Panel assessed this encounter as necessary as the subject had illegally entered the property.
Panel assessed the encounter as proportionate.
Panel assessed the encounter as ethical. Waited for a female officer to conduct S&S.
S&S BWV 2 ASSESSMENT
D&C POLICE RESPONSE TO S&S BWV 2
Officer’s response not received.
S&S Case 3 - Young male detained by security, Torquay
BWV 3 feedback to be provided:
Investigation, responses and learning required with:
Panel members were unsure if this S&S was necessary as the reason for the stop was uncertain. No BWV pre record - footage did not show the start of the interaction.
Grounds were vague and unclear. Subject was confused with what was happening. Female officer mentioned the subject had been in the toilets and ‘drugs’, which is not sufficient.
To preserve the subject’s dignity, officers could have moved the young subject away from the public crowd.
Presence of security escalated the situation. The length of time the subject was held and treated poorly by them was not addressed by officers. Young subject was pushed.
The officer's language was unprofessional and verbally abusive, calling the subject an ‘arse’, using threats of custody/arrest and coercion to extract details the subject didn’t lawfully have to give. Male officer stated the subject was being obstructive when he was being compliant - the subject was not listened to.
GOWISELY was not followed. Stated that it had been completed when the officer asked even though it hadn’t, and carried on searching unlawfully.
In this context the panel assessed the subject did not receive the best service the police could have provided.
Actions to be commended:
-
S&S 3 ASSESSMENT
D&C POLICE RESPONSE TO S&S BWV 3
Officer’s response not received.
ASSESSING D&C POLICE USE OF FORCE [UOF]
OCTOBER 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 - Affray caught on CCTV, Torquay town centre
UoF: non compliant handcuffing, taser, PAVA spray
BWV 1 feedback to be provided:
Investigation, responses and learning required with:
Panel assessed there were no attempts of de escalation. The second officer immediately misinterpreted the threat and escalated the situation. No attempt at communication - excessive shouting and taser drawn.
Officers did not address the subject's concerns about a young girl’s abduction. Instead, repeating ‘calm down’, ‘chill out’ which escalated the situation. All the subject needed was reassurance that concerns would be looked into.
The majority of the panel did not assess use of police powers as constructive - members were concerned that the response was aggressive and reactive.
The use of PAVA spray at such close proximity did not follow PLANTER.
When male became aggressive, leg restraints would have resulted in one arrest and fewer officers needing to be involved.
Panel were unsure is wellbeing was considered - possible mental health issues may have been present and injuries were noted on the male.
Detaining the female subject for ‘police assault’ did not appear to be justified.
Actions to be commended:
Subject placed in recovery position after use of PAVA spray.
UOF BWV 1 ASSESSMENT
D&C POLICE RESPONSE TO UOF BWV 1
Officer’s response not received.
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