Freedom of Information Act Document

Transcription

1 Freedom of Information Act Document Title: Position Statement: Section 60/60AA CJ&POA - Frequently Asked Questions Background Section 60 Criminal Justice and Public Order Act 1994 (S60) gives police the right to search people in a defined area during a specific time period when they believe, with good reason, that: serious violence will take place and it is necessary to use this power to prevent such violence; or that a person is carrying a dangerous object or offensive weapon; or that an incident involving serious violence has taken place and a dangerous instrument or offensive weapon used in the incident is being carried in the locality. It requires the authority of a senior officer. Where a S60 authority is urgently required, an officer of the rank of Inspector or higher will contact the on-call Assistant Chief Constable (ACC) or higher, for immediate authority (verbal and confirmed in writing ASAP). Only in wholly exceptional circumstances and where the ACC or higher officer cannot be immediately contacted should an Inspectors urgent authority be used. The case law in Roberts confirms that although the word necessary does not appear in section 60(1), the effect of Article 8 of ECHR, is that necessity remains relevant to each decision as to whether an authorisation is justified. An S60 authorisation must be made only when the officer believes it is necessary. In practice, in addition to expediency explicit in the 1994 Act, the authorising officer must consider the authorisation necessary to prevent serious violence / to find dangerous instruments / weapons after an incident involving serious violence, or to apprehend persons carrying weapons. Informed by credible intelligence, senior officers must have a higher degree of certainty by reasonably believing that incidents involving serious violence will take place rather than it being a possibility. Any judgment about the credibility of the intelligence will be a matter for the senior officer. Officers carrying out searches using this power are not required to have reasonable grounds to conduct the search. They are known as no-suspicion stop and searches Officers have to be in uniform The selection of pedestrians and vehicles to be stopped and, if appropriate, searched under S60, should reflect an objective assessment of the nature of the incident or weapon in question and the individuals and vehicles likely to be associated with that incident or those weapons. Even though a S60 is authorised, officers have the option to use other search powers where reasonable grounds to search exist. Where a Section 60 authorisation is in force, Section 60AA is automatically authorised. However, if there is no Section 60 in place, a separate Section 60AA authorisation can still be made under Section 60AA (3). April

2 Frequently Asked Questions The answers to these questions are written to support the Best Use of Stop and Search Scheme and go beyond the legislative requirement. Nottinghamshire Police is working to the Scheme requirement. 1. When should Section 60 powers be authorised? The Home Office and National Police Chief s Council (NPCC, formerly ACPO) state: Section 60 powers should not be used instead of normal powers of stop and search in dealing with routine crime problems. Section 60 is a unique power intended to prevent serious violence or the commission of offences involving the use of weapons or dangerous instruments and must only be applied where its use can be justified. The new guidelines, which raises the level of authorisation to senior officer (ACC and above), outline that a S60 should only be authorised when the authorising officer reasonably believes that an incident involving serious violence will take place. S60s should only be used if necessary NOT as a routine policing tactic. A significant increase in knifepoint robberies in a limited area is not considered a routine crime problem and the authorisation of a Section 60 could be considered. The authorisation of a Section 60 should also be considered for the following (this list is not exhaustive): Gang-related violence or disorder Football-related violence Events (e.g. demonstrations, music concerts) that typically include a large-scale gathering of people, which, combined with other factors, indicate a likelihood of violence or the commission of offences involving weapons or dangerous instruments Authorisations must be justified on the basis that the exercise of the power is in all circumstances, a proportionate and necessary response for achieving the purpose for which Parliament provided the power. 2. How and when should a S60 be reviewed? A S60 can last for up to 15 hours and then be extended by nine hours i.e. up to a maximum of 24 hours. Thereafter a new authority should be considered in other words an authority can only last for 24-hours; if the grounds exist to continue beyond 24-hours then the ACC or higher must consider a new application. The Best Use of Stop and Search Scheme has fundamentally changed the previous authority process, whilst the legislation remains current and no law will be broken by following the procedure outlined in the Criminal Justice and Public Order Act (1994) the Scheme will be deemed have been breached. 3. What is the process that will be followed around authority time restraints? Spontaneous Authorisation The Inspector or higher who seeks the authority must believe it is necessary as violence will occur they will (as soon as practicable) refer the request for an authority to the Senior Officer on-call (ACC or above) who will then decide whether the authority is necessary and believe that violence April

3 will occur. If in wholly exceptional circumstances an officer of the rank of Insp to Ch Supt has granted an authority, the ACC will on application, either ratify it or cancel if they believe it isn t appropriate. Reviews of the authority will take place prior to the 15-hour end. An extension made beyond 15- hours will not exceed nine hours, which will take the authorisation up to the statutory 24-hours mark. Thereafter a new authority is required. Pre-planned Authorisation The duty Superintendent will present the facts to the Senior Officer on-call (ACC or above) who will then decide whether the authority is necessary; reviews will take place prior to the 15-hour time limit. 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 require a new authority, so no authority can last for more than 24-hours. Any authorisation under this section shall be in writing, signed by the officer giving it and shall specify the grounds on which it is given and the locality and the period during which the powers conferred by this section are exercisable. A direction shall also be given in writing or, where that is not practicable, recorded in writing as soon as it is practicable to do so. An authorisation need not be given in writing where it is not practicable to do so, but any oral authorisation must state the matters which would otherwise have to be specified and must be recorded in writing as soon as it is practicable to do so. 4. Can Acting / Temporary ranks authorise a Section 60? Only in wholly exceptional circumstances and where the ACPO officer cannot be immediately contacted should an Inspector s urgent authority be used. Acting or Temporary Inspectors / Superintendents (correctly authorised) / Chief Officers can all give a spontaneous authorisation under Section 60, the same as if they were of substantive rank. 5. What is the definition of a pre-planned Section 60? An operation will be considered to be pre-planned if there has been any thought or planning given in advance of how the operation should run. However the authorising officer must now believe that an incident involving serious violence will take place. 6. What determines the geographical area for a Section 60? This should not be any wider than is believed necessary to prevent the actual or anticipated violence. The officer should take into account: the nature and venue of the incident that has taken place or anticipated incident the number of people who may be in the immediate area of that incident their access to surrounding areas and the actual or anticipated level of violence 7. How is a Section 60 operation evaluated? At the conclusion of a Section 60 authorisation, the authorising Senior Officer (ACC or above) will ensure the operation is evaluated and details of the evaluation recorded on the Section 60 authorisation form. As well as identifying whether the objectives of the operation were met, quantitative and qualitative measures will be evaluated. Qualitative measures include community confidence and reassurance. Involvement of community groups (Community Networks, Safer Neighbourhood ward panels, and local stop and search monitoring groups etc) is a vital part of this process. April

4 Quantitative measures include disproportionality, number of arrests, number of searches, numbers and types of weapons seized etc 8. What community engagement should be undertaken during a Section 60 operation? Wherever possible, social media, signage, leaflets, letters community networks, ward panels, local stop and search monitoring groups should be used during and after such an operation to communicate what has happened and why. 9. What information can be shared with the community about Section 60 authorities? Only relevant and appropriate information should be shared. This should be sufficient to justify the authority but must not include personal details of individuals or other confidential / sensitive information. Any information shared must be justified on a case by case basis. However, it is vital that community liaison takes place to maintain community confidence and support. 10. Who can be searched under Section 60? The selection of pedestrians and vehicles under Section 60 to be stopped and, if appropriate, searched should reflect an objective assessment of the nature of the incident or weapon in question, and the individuals and vehicles thought likely to be associated with that incident or those weapons. The powers must not be used to stop and search people and vehicles for reasons unconnected with the purpose of the authorisation. Once a Section 60 authorisation is in place, officers do not need to have to have suspicions about a particular individual prior to stopping them; though it is a requirement of PACE Code A for an officer to explain to an individual who has been stopped that a Section 60 authorisation is in place and the nature of the power. 11. What should officers write in the Grounds section on the Section 60 search form? Officers should provide a rationale / credible reasons in the Grounds section to justify stopping / searching any pedestrian or vehicle under this power. 12. Can officers require the removal of a face covering if a Section 60 authority is in place? Yes, where a section 60 authorisation is in force, section 60AA is automatically authorised. However, if there is no section 60 in place, a separate section 60AA authorisation can still be made under section 60AA (3) 13. Drivers of vehicles stopped under Section 60 are entitled to a written statement, what is this? When a Section 60 authority is in place the vehicle is still stopped under road traffic legislation - the right to a record comes from the fact the Section 60 is in place and is covered under the PACE Codes of Practice, Code A, 2.14B. The driver will be entitled to obtain a written statement that their vehicle was stopped and / or searched under this power if they apply within 12 months from the date of the stop / search. However the nature of the policing activity may prevent the record being made at the time. If such searches are undertaken and are recorded on an electronic recording device then this will be equivalent to the record; if a record is not made due to the exigencies of duty then Nottinghamshire Police will provide a statement outlining the detail of why the vehicle was search. April

5 Section 60 CJPOA - Process Flowchart Where an officer of the rank of Inspector or higher reasonably believes a S60 authority is necessary (see below) they will contact the on-call ACPO for consideration of the authority - if an urgent verbal is required it will be confirmed in writing ASAP; (only in exceptional circumstances and where the ACPO officer cannot be immediately contacted should an Inspectors urgent authority be used)]. The officer authorising must BELIEVE that *: That incidents involving serious violence WILL take place in any locality in the officer s police area, and it is expedient and NECESSARY to use these powers to prevent their occurrence An incident involving serious violence has taken place in the officer s police area, a dangerous instrument or offensive weapon used in the incident is being carried by a person in any locality in that police area, and it is expedient and necessary to use these powers to find that instrument or weapon That people are carrying dangerous instruments or offensive weapons without good reason in any locality in the officer s police area AND where the above authority exists May authorise powers to stop and search any pedestrians or vehicle in defined area and time period Must not exceed 15hrs unless an ACC, or above, has grounds to extend up to the 24-hr limit ** A constable in uniform may stop and search any pedestrian, anything carried by him/her, vehicles and occupants for dangerous instruments or offensive weapons, seizing any that are found An authorisation under S60 also automatically confers a power under section 60AA on a constable in uniform to remove and seize any item which a constable reasonably believes is being worn wholly or mainly for the purpose of concealing identity*** * When an Inspector, Chief Inspector or Superintendent seeks a spontaneous authorisation under S60 they must immediately request this from the Senior Officer on-call (ACC or above) as soon as practicable. ** The original authority lasts for no more than 15-hours. The Senior Officer, once informed, will either cancel the authority if they do not believe it is necessary or ratify it up to the 15-hours. Reviews must take place within the 15-hours and can extend the authority for nine hrs up to the 24-hr limit; i.e. a ninehr extension if violence or the carrying of dangerous instruments or offensive weapons has occurred, or is suspected to have occurred and the continued use of the powers is considered necessary to prevent or deal with further such activity, or to find a dangerous instrument or offensive weapon that has been used. That direction must be given in writing as soon as practicable afterwards. If the authority needs to extend beyond 24-hr then a new authority should be considered and authorised if the grounds exist. *** Where a Section 60 authorisation is in force, Section 60AA is automatically authorised. However, if there is no Section 60 in place, a separate Section 60AA authorisation can still be made under Section 60AA (3) April