Criminal Justice Alliance super-complaint - Section 60 of the Criminal Justice and Public Order Act 1994
Report on the Criminal Justice Alliance super-complaint - Section 60 of the Criminal Justice and Public Order Act 1994 and independent community scrutiny of stop and search
On 15 December 2023, HMICFRS, College of Policing (CoP) and the Independent Office for Police Conduct (IOPC) published their findings following a police super complaint submitted by the Criminal Justice Alliance. The Criminal Justice Alliance raised concerns about the ‘harms caused by suspicion-less Section 60 stop searches and inadequate scrutiny of stop and search powers.’ HMICFRS visited 11 forces as part of their fieldwork; Kent was not inspected.
HMICFRS reported that police must do more to minimise harm when using their stop and search powers and better understand the effectiveness of these powers. HMICFRS stated forces should improve how they explain and evaluate their use of section 60 and do more to apply existing safeguards to minimise any harm when they use section 60. The inspection found concerning examples where Authorised Professional Practice (APP) and National Police Chiefs’ Council (NPCC) guidance on use of body worn video (BWV) had not been properly applied. It goes on to confirm that people from ethnic minority backgrounds are more likely to be stopped and searched under Section 60 – however, none of the forces engaged with could fully explain why. In conclusion, while forces may recognise the effects of disproportionality on people and communities, it is felt they do not take this matter seriously enough.
In the last calendar year (2023) the volume of s60 authorisations across the county of Kent was 20 which highlights the force does not use this power frequently. That said, the force recognises the critical importance of ensuring the power is authorised, delivered and reviewed appropriately to ensure trust and confidence across the communities of Kent. The use of Section 60 (s60) is monitored through the Policing Powers Boards both at a strategic and tactical level. This is then presented and discussed with the External Policing Powers Board members on a quarterly basis.
Section 60 authority requires a briefing to the local Independent Advisory Group (IAG) and key stakeholders across the respective district. A bespoke Community Impact Assessment (CIA) is undertaken and monitored by the District Community Safety Unit (CSU) reporting findings to the District Commander. Once concluded CSU staff will be deployed to the area to actively engage with the community to gauge feelings and confidence levels. Divisional complaints managers remain sighted on the use of s60 should any complaints or dissatisfaction be forthcoming.
The report makes ten recommendations and sets three actions; six of the recommendations are for chief constables and the force has accepted these. The progress against each will be actioned through the Policing Powers Governance and Scrutiny Boards.
- By 14 June 2024, chief constables should make sure their forces review the content of training on Section 60 of the Criminal Justice and Public Order Act 1994 and how they provide it. The review should consider current national police curriculum requirements and the adequacy of force training for: officers who may be required to authorise section 60s; and officers who may be required to conduct Section 60 stop and searches. The review and any associated actions should be proportionate to each forces use of section 60.
The delivery of s60 authorisation training is presented by Learning & Development within the Inspectors – Be the Change course. The content will be updated considering the recommendations from the super-complaint and be responsive to any amendments from the NPCC stop and search lead or College of Policing curriculum. In addition, the Local Policing (LP) training days within the new shift pattern allow for delivery of a training package to all LP inspectors and acting inspectors who may authorise this power. However, considering the wider recommendations from the super-complaint it is advisable to wait for any NPCC led amendments to ensure the training is delivered once and in line with the latest guidance and any Authorised Professional Practice (APP) updates. Training input is aligned to NPCC-led changes to guidance and any Authorised Professional Practice (APP) updates. Training for those officers who conduct s60 stop and searches is covered within annual Personal Safety Training through stop and search scenarios. Kent Police train, review and inspect the practical application of stop and search encounters to focus on ‘respect’ shown throughout the stop and search encounter. This was implemented in January 2023 and is well embedded across the force. The latest HMICFRS PEEL inspection was positive in respect of ‘treating people fairly, appropriately, and Kent Police received a grading of good with no areas for improvement. - By 14 June 2024, chief constables should make sure briefing and debriefing arrangements for their force’s activities under section 60 of the Criminal Justice and Public Order Act 1994 are thorough and in line with Police and Criminal Evidence Act 1984 Code A and Authorised Professional Practice content and guidance. Chief constables must make sure section 60 authorisation briefings are recorded. This may be as a written briefing. But formal verbal section 60 authorisation briefings should be given on audio visual devices such as body-worn video or approved handheld communication devices. They should be capable of being recorded as part of the policing operation and be subject to scrutiny.
S60s can be authorised both in a ‘fast time’ spontaneous response to an incident or intelligence, or through a planned approach where additional time will allow for more effective structured briefings. The stop search policy is currently under its annual review and additional areas will be embedded pending any changes to APP to ensure this recommendation is fully addressed. For planned s60 authorisations there will be an expectation within policy that a briefing is held for the resources assigned and this will be captured on body-worn video (BWV). Debriefing of the s60 authorisation will be conducted by the relevant district commander. The CIA will be reviewed with bespoke activity captured to engage with the community post the s60 authorisation. Wider considerations will include engaging swiftly with the local IAG Chair, or Policing Powers External Board local member, where they should be invited to review BWV footage from the stop and search encounters completed by officers in the s60 authorisation. This will be presented by the divisional superintendent at the quarterly Strategic Policing Powers Board chaired by the chief officer lead. - By 14 June 2024, chief constables should make sure all officers who may exercise stop and search powers understand and comply with their responsibility to safeguard children who are stopped and searched. In doing so, chief constables should make sure that: in line with the national policing curriculum, officers undertaking searches are appropriately trained to take the necessary steps to minimise any emotional harm that may be caused through these encounters; their force has processes in place to assist appropriate safeguarding referrals when children are stopped and searched; and there is robust checking and assessment of all such searches that takes account of the safety and welfare needs of the child.
The stop search policy and standard operating process (SOP) details the requirements of officers and supervisors when a child or young person is searched. These include consideration of contact with a parent or guardian, safeguarding referrals and engagement with the Central Referral Unit (CRU). BWV will be utilised and will be reviewed by a supervisor as part of the quality assurance process following a stop and search encounter. To ensure a problem-solving approach is undertaken the child centred policing manager is notified of any repeat stop and search locations of young people and will engage with the District CSU to review why this may be the case, and importantly what activity can be undertaken with partners or stakeholders to address any concern. - By 14 June 2024, chief constables should make sure forces effectively communicate with communities and interested parties on the police use of Section 60 stop and search powers. This should include making sure communications reach the communities most likely to be affected by the Section 60 authorisation and checking their communication strategies were effective; publicising details to inform the public, give reassurance and maximise any deterrent effect; and reporting back to communities and interested parties on operational outcomes.
The current force policy SOP highlights the requirement to communicate s60 authorisations to local communities and stakeholders. The governance arrangements set out in earlier updates ensure this takes place. However, to enhance this activity the SOP is being further developed, encompassing these recommendations, which will result in a more detailed and structured approach that can be consistently applied across the county. - By 14 June 2024, chief constables should satisfy themselves that their force gives community scrutiny panels (or their equivalents) all relevant information to help them scrutinise police stop and searches and other police actions arising from Section 60 authorisations. In addition, chief constables should satisfy themselves that their force incorporates feedback from community scrutiny panels (or their equivalents) when evaluating and improving the force’s use of Section 60.
The use of s60 authorisations across the county were presented at the January 2024 Policing Powers External Board. Representatives were present from across various policing districts as well as a number of young people from a local college. The Board members received a verbal briefing on the super-complaint from the strategic lead as well as a review of s60 activity from the tactical lead with statistical data to complement the presentation. This was followed by a question-and-answer session where further ideas from the external board members were shared and will be embedded into the SOP development. For all forthcoming quarterly Policing Powers External Boards, s60 will be a standing agenda item reported on through the tactical update, with feedback reported and assessed though the Policing Powers Governance Structure. - By 14 June 2024, chief constables and where applicable police and crime commissioners (or equivalents) should make sure their forces work in partnership with community scrutiny panels (or their equivalents) to:
- review panel membership and vetting arrangements to remove any unnecessary barriers to recruiting panel members
- promote the recruitment of culturally diverse members, with a particular focus on representing, involving and retaining those from under-represented communities and young people
- promote the representation, involvement and retention of those who have been stopped and searched
- make sure the force gives community scrutiny panels information on the police use of force, including handcuffing, relevant to the police use of stop and search powers
- make sure they support and help community scrutiny panels to review Section 60 authorisations, searches, community impact assessments and associated complaints
- give members appropriate training and support to help them effectively carry out their role scrutinising all stop and searches, taking account of the effect the role could have on them; and
- provide the right level of police representation at panel meetings to support and advise as required, and to make sure the panel’s feedback helps improve both individual officer and organisational learning
The policing powers strategic and tactical leads work closely with the independent Chair of the External Policing Powers Board. Through 2023 the external board developed at pace and saw new members join from diverse communities across the county. The location of the meeting has been moved around the county and held both on and off police premises. The independent Chair uses the wide IAG and community network across the county to encourage membership and active participation. To enhance their knowledge, all have a standing invite to attend Personal Safety Training (PST) and Taser Training held within the Kent Police College with many taking up this offer. During the External Board BWV footage is shown from stop and search and use of force encounters and to support the delivery of this the External Board is attended by operational officers and (PST) trainers. Further knowledge is developed by the group through the interactive BWV session where the footage is paused, and all discuss ‘what would they do next and why.’ This has proved to be very informative for the board members and aids their understanding, advice and scrutiny feedback. The Terms of Reference (ToR) is under further review to incorporate key areas highlighted within this recommendation and wider super-complaint report recommendations.
The force reaches out to wider external groups through the Policing Powers ‘On the Road’ activity driven by the tactical lead. Youth groups, schools and pupil referral units have been visited to engage with a wide variety of young people from different backgrounds and areas of Kent on their understanding of stop and search. Through the relationships developed, small groups of young people are invited to observe student officer scenario training and personal safety training at Kent Police College. They will be given the opportunity to give open feedback on the scenario and communication shown by the officers. In addition, the current Kent Youth Council will be undertaking a project during 2024 on how to engage with young people during stop and search encounters and in particular when s60 authorisations occur.