Response to Section 60 super complaint

In May 2021, the Criminal Justice Alliance (CJA) submitted a super-complaint. Following an investigation, a recent report published in December 2023 by His Majesty’s Inspectorate of Constabulary and Fire and Rescue Services (HMICFRS), the College of Policing and the Independent Office for Police Conduct (IOPC) found that police forces should improve how they explain and evaluate their use of section 60 of the 1994 Criminal Justice and Public Order Act, which relate to stop search powers.

Section 29A of the Police Reform Act 2002 defines a super-complaint as a complaint where “a feature, or combination of features, of policing in England and Wales by one or more police force is, or appears to be, significantly harming the interests of the public”.

The super-complaint system is designed to examine problems of local, regional, or national significance that may not be addressed by existing complaints systems. The super-complaint, entitled ‘More harm than good’, raises the CJA’s concerns about “harms caused by ‘suspicion-less’ stop and searches and inadequate scrutiny of stop and search powers”.

The ‘suspicion-less’ stop and searches to which the CJA refers are those the police carry out using their powers under section 60 of the Criminal Justice and Public Order Act 1994 (which we subsequently refer to in this report as ‘section 60’). A section 60 authorisation gives the police powers to stop and search people and vehicles, without suspicion, for “offensive weapons or dangerous instruments” for incidents involving serious violence. These powers only apply to a designated locality in a police force area for a set period.

Norfolk Constabulary has recognised and considered the ten recommendations against current processes, performance, and the content of the Joint policy on Stop and search that it has with Suffolk. Those recommendations that require action by the Chief Constable are as follows.

 

Recommendation 1

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 force’s use of Section 60.

Section 60 training in Norfolk is included in the STRIPES training package aimed at sergeants who have been recently promoted or are performing the role on an acting or temporary basis.

Learning & Development have now reviewed all products relating to Student training and the package delivered is the College of Policing package delivered across the region by Anglian Ruskin University and further supported by training when Student Officers are back for in house training with the Constabulary.

Norfolk Constabulary has not used section 60 powers for some time, the last occasion being in 2015.

 

Recommendation 2

The NPCC should work with the College of Policing to agree minimum requirements for:

• logging police decision-making in response to, or anticipation of, serious violence involving knives and offensive weapons, including which alternative powers are considered.
• recording section 60 authorisations, extensions, and decisions not to authorise section 60.
• briefing relevant officers following a section 60 authorisation; and
• reviewing policing operations involving the authorisation of section 60.

The minimum requirements should provide tactical support to authorising officers informed by authorised professional practice on stop and search, operations, and the national decision model. They should promote a consistent problem-solving and community-focused approach to the authorisation and review of section 60 across England and Wales.

The NPCC should promote the minimum requirements through its network of force stop and search leads and the knowledge hub for UK policing.

A Robust process for Section 60 is embedded within the Joint Stop & Search policy last reviewed in January 2023 and published in June 2023.

This includes a checklist for Section 60 and authorisations/ extensions forms.

note: Norfolk Constabulary has not extended a Section 60 before.

Whilst the Joint Stop search Policy covers section 60 a review will be completed to ensure all requirements for this, and the other recommendations are captured.

 

Recommendation 3

By 14 June 2024, chief constables should make sure briefing and debriefing the forces activities under section 60 of the CJPO 1994 are thorough and in line with PACE Code A and APP 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.

Section 60 briefings to officers who are required to use their stop and search powers should include information on:

• the relevant law and guidance.
• the particular grounds for authorising the use of section 60 stop and search powers.
• all relevant and current information and intelligence.
• the geographical area covered, and time limitations authorised.
• all relevant community information (including policing history) and any community impact assessment.
• how any debriefing and force learning will be conducted; and
• the importance of recording all section 60 stop and search encounters on body-worn video in their entirety.

 

The Joint stop and search policy currently states that the authority for a Section 60 should be followed by a formal briefing, and this is done through an Athena (software solution) briefing or written briefing completed by the authorising Inspector or delegated to the local Intelligence Development Unit (IDU).

Whilst the Joint Stop search Policy covers section 60 a review will be completed to ensure all requirements for this, and the other recommendations are captured. Current policy changes are required for this recommendation and are being progressed to be completed by June 2024.

 

Recommendation 4

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.

Recent Stop & Search training in Norfolk includes specific input on the safeguarding of u18’s and relevant requirements regarding legal application and policy requirements around authorities. The Joint stop and search policy already stipulates that a referral should be made to the relevant department for vulnerable persons, including all u18.

In Norfolk the last authorisation of s.60 was in 2015. However, should it be used there is already a robust process of scrutiny both internally and externally with the Community Scrutiny and Legitimacy panel. In the event of a section 60 authorisation, all related stop & searches will be reviewed including through the Community Scrutiny panel.

Whilst the Joint Stop search Policy covers section 60 a review will be completed to ensure all requirements for this, and the other recommendations are captured.

 

Recommendation 5

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.

In the event of s.60 being authorised in Norfolk the current communications plan will be followed as per the Joint Stop & search policy. Any section 60 authorisation will be scrutinised through the current Community Scrutiny process. Consultation, support, and advice is already available through the OPCC and IAG. Any communications plan, authorisation and wider scrutiny will be considered through representatives of this group.

Any communication plan will cover the feedback to interested parties, consider any guidance and support received and will reflect on the 100% scrutiny of stop searches conducted as a result.

 

Recommendation 7

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. This should include:

• the grounds and underlying reasons for the authorisations.
• any recordings of briefings.
• written records of searches.
• information about the outcomes of searches; and
• body-worn video footage of entire encounters.

In addition, chief constables should satisfy themselves that their force incorporates feedback from community scrutiny panels (or their equivalents) when evaluating improving the force’s use of Section 60.

Norfolk already has an established community scrutiny panel. This meets monthly and reviews independently selected Stop & search/Use of Force encounters. This includes written grounds as well as the viewing of the entire Body Worn Video recording of the interaction.

The regular monthly process includes capture of individual panel members views and a feedback process into officers, then back to the panel, to promote continuous improvements of the Constabularies use of police powers.

In the event of an authorisation of section 60 a dedicated panel for review of this, the authorisation, the briefing, and all stop & search encounters as a result can be easily instigated under the current process.

 

Recommendation 8

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.

 

There is already Community Scrutiny and legitimacy panel established in Norfolk which looks at stop & search and use of force.

The Constabulary has introduced an appropriate risk based vetting process to increase representation and diversity of panel members. Panel chairs independently select relevant encounters for the panel to scrutinise and a training package/information booklet is being developed for all panel members, to include relevant stop and search legislation.

Organisational learning and officer development that is identified through the Community Scrutiny process is shared with the relevant officer and managed through Police Powers Development and Scrutiny Board.