Stop & Search (Policy & Procedure)

Transcription

1 Stop & Search (Policy & Procedure) Publication Scheme Y/N Policy Holder Author Related Documents Can be published on Force Website Chief Supt Strategic Lead Chief Inspector Operations Authorised Professional Practice: Stop & Search Best Use of Stop Search Scheme Section 1 of the Crime and Security Act 2010 PACE Code of Practice Section 60 (Criminal Justice & Public Order Act 1994) Section 43 (Terrorism Act 2000) Section 30 (Anti-Social Behaviour Act 2003) Road Traffic Act 1988 Equality Act 2010 Section 1 Crime and Security Act 2010 S7 of the Children and Young Persons Act 1933 S1(1) Confiscation of Alcohol (Young Persons) Act Version Version 6.0 Created 01/09/2015 Date of Next Review 01/09/2017 September 2015

2 Stop & Search CS&D Policy Statement Merseyside Police Force is committed to making the most effective use of Stop Search powers in the pursuit of community safety. These powers help prevent and detect crime. We believe that demonstrating fair and effective use of these powers helps gain and maintain the confidence of our community. This policy has been drafted in accordance with all relevant U.K and European Legislation. This includes the Human Rights Act. With particular reference to Article 5 Right to Liberty, Article 8 Right to Privacy and Article 14 Discrimination. Merseyside police does not set targets for stop search activity. This force has volunteered to participate in the Home Office Best use of Stop Search scheme. This scheme introduces a set of government expectations participating forces are required to adhere to. They are: a) Improved data recording b) Lay observation policy c) Community complaints trigger d) Changes to Section 60 Criminal Justice and Public Order Act e) Race and diversity monitoring Aims The main aim of this policy is to ensure that officers are seen to be using their powers legally, fairly, responsibly, without unlawful discrimination and with respect for people being stopped and searched. It is intended to enhance public trust and confidence in our officers, especially amongst black and racial minority communities. The policy is underpinned by procedures designed to provide clear, definitive and unambiguous direction for all those involved in its deployment. In particular, the procedures cover the recording of stop searches, information required, level of suspicion, level of authorisation and level of supervision. We believe that adherence to the principles of this policy will lead to a significant improvement in the quality and effectiveness of stop search, increased data quality, more intelligence-led stop searches and improved stop-to-outcome ratios. A stop and search is most likely to be fair and effective when: a) The search was a justified and lawful use of the power that stands up to public scrutiny; b) The officer genuinely believes the person has that item in their possession; c) The member of the public understands why they have been searched and feels that they have been treated with respect; d) The search was necessary and was the least intrusive method a police officer could use to establish whether a member of the public has a prohibited article or an item for use in crime with them and more often than not the item is found. Status: V Last Update: 01/09/2015

3 Stop & Search CS&D Objectives The policy has a number of broad objectives and some specific objectives relating to different activities. Objectives are to: a) Increase public confidence and satisfaction. b) Increase community confidence in relation to the use of Stop Search. c) Increase detection and reduce criminal activity. d) Increase proportionality of Stop Search activity. e) Ensure all Stop Search powers are used professionally and ethically. f) Identify and investigate any apparent disproportionate use of the powers by particular officers or groups of officers or in relation to specific sections of the community. g) Improve the data quality of all Stop Searches conducted. h) Provide a robust monitoring process of officers involved in Stop Search activity. i) Enhance quality of statistical records of Stop Search at Force, BCU and more local level. j) Reduce Civil Claims against Merseyside Police. k) Make best use of technology. l) Adherence to the best use of stop and search scheme Application and Scope All police officers and police staff, including the extended police family and those working voluntarily or under contract to Merseyside Police must be aware of, and are required to comply with, all relevant policy and associated procedures. The ACC lead for this policy is ACC Operations. This policy particularly applies to: a) Chief Officers b) Operational Officers c) Operational Supervisors d) Intelligence Unit Staff e) Control Room Staff f) The Special Constabulary g) Police Community Support and Traffic Officers h) Corporate Support Development To ensure that all staff have a full understanding of this policy and supporting procedures the Academy will ensure this policy is embedded into training mechanisms provided by Merseyside Police. Outcomes and Evaluation Outcomes should reflect specific objectives and be measured against these objectives on a routine basis. The Head of Corporate Support and Development will ensure the following: a) The Corporate Support and Development Department will discharge its responsibility for quality assurance by dip sampling a set number of Stop Search Niche occurrences on a quarterly basis. It will also maintain and disseminate regular statistics covering: b) Who we are searching (to include gender & ethnicity) c) When we are conducting searches d) The location of searches and the correlation with crime hotspots e) Which Officers and Departments are conducting searches f) The requirements as detailed within the GOWISELY pneumonic Status: V Last Update: 01/09/2015

4 Stop & Search CS&D g) The level of search in relation to the removal of clothing and location search takes place. This will also include the gender of the Officers conducting the search. h) The use of Body Worn Video Camera i) The outcomes of searches and any link to the object of the search. This will include some new outcomes as defined in the Best use of stop search scheme. The new list of outcomes are as follows: o Arrest o Summons / postal charge o Caution o Khat warning o Cannabis warning o Penalty notice for disorder o Community resolution o NFA j) Complaints relating to stop searches k) Correct recording of stop searches resulting in an outcome l) A level of supervisory scrutiny In general terms, adherence to this policy should: Ensure that all relevant personnel have a shared perspective of their individual responsibilities and the procedures that need to be followed Increase capacity for accurate statistical analysis relating to Stop Search activity and the requirements of the Best use of stop search scheme Result in a more consistent approach to the use of Stop Search powers Ensure compliance with all relevant legislation In order to promote public confidence in the use of the powers the Force will facilitate members of the public to have the opportunity to accompany officers whilst on patrol when they might observe a stop and search encounter. In addition, relevant records will be scrutinised by representatives of the community and by Merseyside Independent Advisory Group and the Office of the Police & Crime Commissioner, to explain the use of the powers at a local level. This will be governed under the Lay Observation Scheme and the Force Insight Scheme Policy. Status: V Last Update: 01/09/2015

5 Stop & Search CS&D Procedure Version History V 4.0 Document updated to reflect introduction of Just campaign, enacted legislation re PSCO powers and minor changes to local procedure. V 5.0 Updated and amended to reflect introduction of Best Use of Stop Search Scheme and its local impact. V 6.0 Updated and amended to include the removal of all paper stop search forms and use of Force I.T systems to record all Stop Search encounters. Status: V Last Update: 01/09/2015

6 Stop & Search CS&D Contents Methodology Stop Search and the Community Roles & Responsibilities Front Line Officers Police Community Support and traffic Officers First Line Supervisors Chief Officers Corporate Support & Development The Academy Data Management & Quality Analysis & Monitoring Communication, Sharing Information and Feedback Status: V Last Update: 01/09/2015

7 Stop & Search CS&D 1. Methodology 1.1 The way that stop search is conducted has an important and direct impact on community relations. The public s perception of, and confidence in the police, is determined, in part, by the way frontline officers treat people. Following the Just principles, you are a representative of the force and your contact with the public will have a lasting impression. Stop and search is an emotive subject, which, if misused, can have a detrimental effect on community confidence and cohesion. 1.2 As a general rule any member of the public should be allowed to observe an officer carrying out a stop/search as long as the person being searched does not object. The dignity and privacy of the individual being searched is of paramount importance and must always be considered. Being searched can be highly embarrassing for the individual. Officers conducting a search should think how would I feel and should aim to conduct the search as discreetly as possible. Every reasonable effort must be made to reduce, to the minimum, the embarrassment that a person being searched may experience. (Code A Para 3.1. P.A.C.E Code of Practice) 1.3 All officers have responsibility to conduct stop searches in a professional manner, even in the most challenging circumstances. Every effort should be made to leave a positive image of the Force. Ensure there are sufficient grounds for the search and that it is lawful. Ensure that you have fully complied with your obligations around PACE. The whole encounter must be conducted with: Service Quality Culture Community 1.4 It is essential to safeguard the personal safety of officers and others involved in conducting stop search activity. 1.5 It is important to recognise that not everyone who has been stopped has to be searched. The grounds for search can cease at any time and be explained in a way that can bring the interaction to an immediate close in an atmosphere of mutual respect. 1.6 It is also important to know the area in relation to current Threat, Harm & Risk, its crime and offenders, together with the latest intelligence or information. However, it should be remembered that a past offence is never in itself grounds for stopping and searching an individual. 1.7 Success should always be measured by the quality of stop searches conducted rather than the quantity. It is essential to conduct stop searches in a professional manner, even in the most challenging circumstances. This means: Acting on accurate intelligence or information Fully explaining the reasons for actions and the grounds for or object of the search Properly recording every encounter Status: V Last Update: 01/09/2015

8 Stop & Search CS&D 1.8 All officers must fully understand that the number of searches conducted is not a personal performance indicator. The message must be clear - Quality not Quantity. The centre will undertake routine dip samples of operations to ensure that Stop Search is not used as a quantitative target. 1.9 Lack of an arrest does not indicate that the stop search was unlawful, inappropriate or valueless. Whilst the reason for conducting a stop search is detection, both positive and negative searches can yield valuable intelligence, which must be captured Officers will conduct stop searches with integrity and provide an accurate record of the encounter, this can increase public confidence in the Force. It is vital that officers conducting stop searches are fully compliant with the Force policy, relevant legislation and PACE. REMEMBER G GROUNDS FOR THE SEARCH O OBJECT WHAT ARE YOU LOOKING FOR? W WARRANT CARD IF IN PLAIN CLOTHES I IDENTIFY YOURSELF NAME AND ROLE S STATION WHERE YOU ARE BASED? E ENTITLEMENT ALLOWED COPY OF THE FORM L LAWFULLY/LEGAL SEARCH HAS TO BE LAWFUL Y YOU ARE DETAINED FOR A SEARCH 2. Stop Search and the Community 2.1 Merseyside Police will ensure that the communities in Merseyside have a greater understanding of our powers of stop search, and our application of those powers 2.2 As part of the government Best use of stop search scheme, Merseyside Police will ensure scrutiny of stop searches is made by members of our community through a Lay Observation Scheme. A ride along scheme (In-Sight) is already in existence which will afford any member of the community to observe searches which may take place. It has also been agreed that Merseyside Independent Advisory Group will choose a sample of stop searches at random on a monthly basis. These will be searches captured on Body Worn Video Cameras. We will then supply the footage of the encounter to them and invite feedback. 2.3 All S60 Criminal Justice & Public Order Act 1994 authorisations will be communicated to the community prior to and post its authorisation. This will include all relevant parameters. 2.4 During all stop search encounters, the searching officer will make the subject of the search aware of our complaints procedure 2.5 A community complaints trigger has also been established to adhere to the best use of stop & search scheme. A quarterly complaint trigger level has been established for Breach Of Code A Stop Search allegations, at Force and BCU level. Statistical data over a four year period has been used to produce a statistically significant deviation trigger level. The trigger level will be constantly reviewed by PSD. Status: V Last Update: 01/09/2015

9 Stop & Search CS&D 2.6 Quarterly Breach of Code A complaint information will be produced. 2.7 The Referred Officer Policy is a mechanism for reviewing officer behaviour, which are subject to three or more complaints within a twelve-month period. This policy already captures Breach of Code A Stop Search allegations, but only as part of three or more complaints. 2.8 A specific individual Breach of Code A Stop Search complaint trigger will be two complaints within a 12-month period. 2.9 BCU s and Departments will be provided with recorded complaints on a monthly basis, which include Breach of Code A allegations. 3 Responsibilities 3.1 Chief Officers, Senior Management Teams, Managers, Supervisors and officers conducting stop searches all have essential roles to play in ensuring that best use is made of the relevant powers and that they are always applied fairly and effectively. The actions of front line officers and their supervisors are critical. Individual responsibilities are listed below. 3.2 Front Line Officers Officers must be aware of and fully understand the force policy/procedure on stop search. They must have sound knowledge of the relevant powers and use them objectively. It is important that before any search, the person subject to the search has clearly understood the explanation/reasons for doing so Officers must fully understand the daily operational briefing and ensure that stop searches are carried out in line with the intelligence and direction given at that briefing Officers MUST record all Stop Searches they undertake. There is no exception to this requirement. A Niche stop search occurrence will be created in all stop searches, unless directed by a Senior Officer who deems it impracticable to do so All stop searches, where practicable, must be recorded using a body worn video camera, the reference number will be recorded within the Niche stop search occurrence (within the ID Field ) In every case, the person being stopped should be informed of their rights prior to searching. Where the activity is aimed at deterrence (i.e. under Section 60 Criminal Justice and Public Order Act 1994 or Terrorism Act 2000) it must be carried out strictly in accordance with legislation and authority For searches which result in an arrest, the officer carrying out the search will be responsible for ensuring that a Niche stop search report is made as part of their custody record on the Documents tab. The detainee should be offered a copy of the record and sign a detention log entry stating whether or not they require a copy. The copy should be provided, if practicable, before they leave custody. The detainee has 3 months to request a copy of their search record. If after the 3 month period the subject requests a copy of their stop search record, then they must do this via a Data Protection Act application If multiple persons are stop searched, but not all arrested, then a Niche stop search occurrence must be completed and linked to that of the arrest occurrence. Status: V Last Update: 01/09/2015

10 Stop & Search CS&D At the time of conducting a stop search (unless an arrest is made as a result of the search) a unique reference number must be generated by FCC or mobile device. This reference number will be recorded on the stop search business card and provided to the subject. It must be clearly understandable, readable, and accurate. Any exceptions to this procedure must be wholly justifiable (eg. Called Away, Public Order) This process of recording stop searches means that it is impracticable to provide a copy of the search at the time of the encounter, however the unique reference number must be provided A copy of a stop search record can be requested for 3 months from the date of the search. The subject can obtain this by attending a Police Station with their identification and unique reference number. A copy of their record will be printed off and provided to them. A record of this will be recorded within the Niche stop search occurrence IEL via an F3 function Copy of Record Provided The newly created Niche stop search occurrence will be transferred to the BCU/Department Supervisors Stop Search QA pot. This pot will be maintained by relevant Supervisors and the local Command Team will have responsibility for ensuring these pots have regular scrutiny All mandatory fields must be completed for each Niche stop search occurrence Officers must be mindful of forensic considerations and cross-contamination when carrying out a stop search Officers will receive training via a instructional video, Checklist for Officers, Supervisors and General Enquiry Officer staff (these checklists will provide guidance for; recording of the stop search, supervisor QA of the stop search record & producing a copy of the stop search record from niche). A set a Frequently Asked Questions will be maintained via the best use of stop search Intranet page If an Officer conducts a stop search on Educational premises, then a Niche stop search occurrence must be created. 3.3 Police Community Support and Traffic Officers Police Community Support and traffic Officers (PCSOs) have the power to search and seize alcohol from a person in a relevant place. This power derives from Section 1(1) of the Confiscation of Alcohol (Young Persons) Act This allows either a Police Officer or a PCSO in uniform to require a person, in a relevant place, to surrender anything which is, or is reasonably believed to be, intoxicating liquor or a container for such liquor that is in their possession, and give their name and address Section 7 of the Children and Young Persons Act 1933 puts a duty on Police Officers and authorised PCSOs in uniform to seize tobacco or cigarette papers in the possession of a person apparently under the age of 16 found smoking in any street or public place The Police Reform Act 2002 gives PCSOs the power to search for alcohol and tobacco in the above circumstances, if they reasonably believe the person has such items in their possession The power does not authorise the PCSO to require a person to remove any of their clothing in public other than an outer coat, jacket or gloves. A person, who, without reasonable excuse, fails to consent to being searched, is guilty of an offence. Status: V Last Update: 01/09/2015

11 Stop & Search CS&D A PCSO who proposes to search must inform the person, that failing without reasonable excuse to consent is an offence. If a person fails to consent to being searched the PCSO may require them to give the PCSO their name and address If on searching the person the PCSO discovers what he is searching for, they may seize it and dispose of it All searches conducted by PCSOs MUST be recorded on a Niche stop search occurrence. First line supervisors will be responsible for ensuring PCSO s comply with this procedure. 3.4 First Line Supervisors The role of First Line Supervisor is vital in ensuring that the stop search procedure is followed to a successful conclusion. It is important to set standards, support individuals and teams in achieving these standards, monitor officer s performance and give constructive feedback Following the Just principles, managers and supervisors should set high standards around stop and search. Poor-quality work and unfair practices should be challenged and remedied. It is essential to protect the integrity of all officers involved in the stop search It is important to comply fully with the revised code of practice, code 4DA which states: Supervising officers must monitor the use of stop and search powers and should consider, in particular, whether there is any evidence that they are being exercised on the basis of stereotyped images or inappropriate generalisations. Supervising officers should satisfy themselves that the practice of officers under their supervision in stopping, searching and recording is fully in accordance with this Code. Supervisors must also examine whether the records reveal any trends or patterns which give cause for concern, and if so take appropriate action to address this Supervisors must ensure that frontline officers are using stop search in line with force intelligence and briefings as well as with force policy/procedure and PACE. They must be satisfied that frontline officers have fully understood the daily briefing. They must do this through debriefing, when time permits and give officers constructive feedback on the way they conduct stops and searches Supervisors must ensure that all stop searches are properly recorded. Every stop search record should be quality assured and any anomalies dealt with appropriately. The quality assurance is recorded within the Intelligence Enquiry Log via the F3 function templates Supervisors can locate Niche stop search occurrences by examining the relevant location QA niche Pot as follows; A Wirral Supervisors Stop Search B Sefton Supervisors Stop Search C Knowsley Supervisors Stop Search D St Helens Supervisors Stop Search E Liverpool Supervisors Stop Search MSOC Supervisors Stop Search Status: V Last Update: 01/09/2015

12 Stop & Search CS&D Once the Supervisor has completed the quality assurance of the Niche stop search occurrence, it will either be returned to the recording officer for amendment as described with the Investigation Enquiry Log or filed as complete Supervisors must ensure that the stop search activity of each officer within their command is monitored for any inappropriate behaviours, such as discrimination, stereotyping or inappropriate generalisations. They must also ensure that any inappropriate behaviour is challenged and dealt with accordingly Supervisors should constantly remind their staff about the importance of the lawful and proportionate use of the power and the negative effects its use can have on the reputation of the force Stop searches will be fair and effective. A supervisor must demonstrate they have placed a level of scrutiny on the quality of stop search. This can be achieved by quality assuring the stop search form, viewing video footage of the stop search or by direct observation of their staff conducting stop searches. 3.5 Chief Officers: Section Chief Officers must be aware of their additional specific responsibilities in respect of Section 60 of the Criminal Justice and Public Order Act This is a valuable tool that may be used to prevent serious violence and to detect the carrying of dangerous instruments or offensive weapons. If an Officer of ACPO rank reasonably believes that incidents involving serious violence will take place in any locality in his/her police area, and that it is expedient to give an authorisation under this section to prevent their occurrence. An incident involving serious violence has taken place in England and Wales in his/her police area; A dangerous instrument or offensive weapon used in the incident is being carried in any locality in his/her police area by a person; and It is expedient to give an authorisation under this section to find the instrument or weapon; Or that persons are carrying dangerous instruments or offensive weapons in any locality in his/her police area without good reason. They may give an authorisation that the powers conferred by this section are to be exercisable at any place within that locality for a specified period not exceeding 15 hours. An extension made beyond 15 hours will not exceed nine hours, which will take the authorisation up to the statutory 24 hours mark. An extension beyond 24 hours will not exceed 15 hours, as applies to the first authorisation. (Section 60 Criminal Justice and Public Order Act 1994) All S60 CJPOA 1994 authorisations must be recorded as a Niche occurrence See Guidance for Search Authorities under Section 60 Criminal Justice and Public Order Act This can be located on the Best use of stop search intranet page Terrorism Searches on officer suspicion will be recorded under the same processes as per the processes provided at section 3.2. None suspicion authorities are to be completed as per the processes provided at section 3.5. Status: V Last Update: 01/09/2015

13 Stop & Search CS&D 3.7 Corporate Support & Development Corporate Analysis and Review Performance Inspection Unit will be responsible for dip sampling Niche stop search occurrences across the force on a quarterly basis and report to ACC Operations, highlighting areas for improvement and good practice As required, and as a minimum quarterly, analysis will be presented to Chief Officers and the Senior Responsible Officer. Any areas of concern will be reported to the relevant BCU Commander or Departmental Head The Corporate Support and Development is responsible for monitoring disproportionality across the force. Data capture will be presented to areas and department for analysis and report. Where unjustifiable disproportionality is identified an associated action plan will ensure. Any areas of concern will be reported to the relevant Strategic Responsible Officer/Local Responsible Officer. Professional standards and Corporate Analysis will monitor any complaints as a result of Stop Search and when necessary present findings to Chief Officers, the Senior Responsible Officer and the relevant BCU Commander / Head of Department. 3.8 The Academy The Academy has a role in ensuring the organisation delivers the relevant and appropriate training regarding Stop Search powers. 4. Data Management & Quality 4.1 The data collected via Niche stop search occurrences will be available through force IT systems. It is, therefore, essential that all niche stop search occurrences are completed to the highest quality. 4.2 Management data will be prepared, analysed and presented on a quarterly basis and shared with Chief Officers, the Senior Responsible Officer and relevant BCU Commander/Head of Department. Each BCU should be able to make specific queries of the database in line with their own requirements. 4.3 This process must be monitored and quality assured on a quarterly basis by Stop Search champion within each BCU/Department. 4.4 Analysis and Monitoring Each BCU/Department must make local provision to ensure that officers are being professional in their approach to stop search are not discriminatory and that quality is being monitored, it is the responsibility of the BCU/Department to ensure this happens. 4.5 Communication, Sharing Information and Feedback Each BCU must openly share all non-personal data regarding stop searches with the community, community groups, partners and organisations to ensure transparency Measurement of disproportionality concerning racial minorities must be analysed locally and if it reveals any discrimination or unfairness, remedial action must be taken At times it will also be necessary to share information with the Press and Media via the Communication and Marketing department. This should be considered an opportunity to communicate positively with the public about the openness with which the Force operates stop search. Status: V Last Update: 01/09/2015