Police super-complaints: police use of stop and search powers

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.

Progress

• Merseyside Police was one of the first Forces to have a dedicated Hydra for Stop Search - within the Super-Complaint report, Merseyside Police was highlighted as innovative practice for this.  Other forces are now adopting this approach. 

• Due to the success of frontline training, Hydra for first line leaders is now being planned.  

• The force is currently designing a new learning module on Section 60s.  The Fairness in Policing Team are working closely with the Academy to develop the course content which considers the national police curriculum requirements.   The training will address trends and emerging issues in relation to recording grounds, disproportionality and outcomes as well as safeguarding. 

• A training module is in the pipeline for Inspectors who authorise Section 60s – again the national police curriculum requirements are being considered during the development phase.

• The force aim is to have the modules created by the end of April 2024.

• Completion of the modules can be tracked by the force.

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 audiovisual 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.

Progress

• The Force Intelligence Bureau prepare bespoke Section 60 briefings that contain all relevant aspects detailed within this recommendation. 

• Debriefs and reviews of the Section 60 are conducted by the owners of the Section 60.

• The quality of briefings and debriefs will be driven by the Public Encounters Governance meeting.

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.

Progress

• There is extensive reference to safeguarding processes in current frontline stop search training.  Hence, safeguarding issues are discussed in one of the scenarios in the Stop Search Hydra that has been delivered to over 90% of operational front-line officers over the last three years.

• Safeguarding will be prominent in the new learning package currently being developed for all frontline officers.  This will importantly address the Stop Search of youths, required safeguarding responses, and the training requirements for the strip search of young people (as per the Children Commissioners recommendations following the Child Q review).

• The Hydra First Line Leader training (target audience of Sergeants and Inspectors) will ensure effective Quality Assurance of Stop Search forms to ensure any deficit in addressing safeguarding by officers is identified and rectified.  This will also cover appropriate dissemination of learning.

• Vulnerable Person Referral Form (VPRF) submission is required when any safeguarding concerns are apparent, or when an exposure of intimate parts search of a child has been undertaken.

• There are ongoing discussions around the production of a specific online resource covering the issues of Safeguarding and Stop Search.

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.

Progress

• Within the report, Merseyside Police is highlighted for innovative practice for - Communicating information about s60 authorisations and managing their impact through the s60 user insight survey.  The following bullet points provide an overview of the approach Merseyside Police take when externally communicating information about a s60.

• The news team draft a press release containing details on each Section 60 Order.  Information includes:

  • An explanation of what a Section 60 Order is.

  • Why the force is putting the Section 60 in place.

  • Dates, times and location of the Section 60.

  • What Stop and Search powers Officers have during the duration of the S60.

  • Chief Inspector quotes reassuring the public and outlining the necessity for the Order. 

  • Key messages around relevant linked campaigns.

• The details of the Section 60 are communicated to communities prior to the Order being put in place.  This is through targeted and wider local media i.e. via the Merseyside police website and on Merseyside Police social media platforms.

• Communications are reiterated regularly via the above channels whilst the Order is in place.

• The initial communications are followed up with an updated press release after the Order ends with an outline of the actions taken such as how many stop searches were carried out, the number of people arrested and further reassurance messages.

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 and improving the force’s use of section 60.

Progress

• The 2023-25 PEEL report for Merseyside Police concluded that the external scrutiny of Stop and Search and Use of Force is good and that MIAG members ‘reviewed the circumstances of each case thoroughly and offered appropriate challenge’.

• Merseyside Police already have thematic based use of Police Power scrutiny panels with members of the Merseyside Independent Advisory Group (MIAG).

• Scrutiny panel members are provided with the Body-Worn Video of the searches conducted during the s60.  NB the searches are randomly selected by the panel.  In the future, associated s60 authorities and Community Impact Assessments (CIAs) will also be shared.

• A bespoke s60 scrutiny panel has already been held and more are planned for the near future.

• All feedback from the Public Scrutiny Panel is documented and considered at the Public Encounters Governance meeting – this relates to Force and individual learning.

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 to improve both individual officer and organisational learning.

Progress

• Based on recent recruitment, the MIAG now has over 30 members.  The members are culturally diverse including those with protected characteristics, lived experience and work-related experience and expertise concerning issues relating to policing.  All MIAG members are vetted.

• Merseyside Police commissioned ‘Leaders Unlocked’ recruitment agency to recruit a Merseyside Youth Commission (MYC) – now has over 40 members. The MYC have been recruited from a wide range of educational establishments and agencies, from academies to Care Homes, to ensure a wide-ranging view and experience of policing. 

• Attendance at scrutiny panels is between 20 – 30 members to ensure there is a broad range of feedback.  There is representations from the MIAG and MYC.

• All scrutinised cases are selected by MIAG members independently.

• Appropriate training is given to all scrutiny panel members.  The Fairness in Policing Team have also provided training to new MIAG and MYC members regarding use of Police Powers and citizen rights.

• At the start of every scrutiny panel session, the Fairness in Policing Team revisit the rules, legality and guidance for Police Officers regarding the use of powers and answer ongoing questions panel members may have.

• Future s60 themed scrutiny panels will also include complaints received by the Professional Standards Department.