Hertfordshire Constabulary's response to Section 60 stop and search

 

1. Introduction and executive summary

   • This Briefing Note is produced to provide a summary of the current actions, oversight and scrutiny when Hertfordshire Constabulary use powers under Section 60 Criminal justice and Public Order Act 1994. The Criminal Justice Alliance (CJA) submitted a super-complaint in May 2021, entitled ‘More harm than good’ and raised their concerns about ‘harms caused by suspicion less stop and searches and inadequate scrutiny of stop and search powers.’ This super-complaint was investigated jointly by His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services (HMICFRS), the College of Policing (CoP) and the Independent Office for Police Conduct (IOPC). The report highlights a number of findings and recommendations, and this briefing note will address the response to such recommendations for Chief Constables.
   • The report examines the recommendations made by Criminal Justice Alliance (CJA) Identifying processes that are already in place, or processes that will be implemented to negate any shortfalls and the associated risks. These recommendations have been made to all Constabularies and are not unique to Hertfordshire.

2. Hertfordshire overview

   • The use of Section 60 (s60) is monitored through the Policing Powers Boards at Strategic and Tactical level. This is then presented and discussed with the External Policing Powers Board members on a quarterly basis. Superintendents across the Force effectively monitor, scrutinise and learn from each occasion a s60 authority is conducted within their policing area. When an authority has been given or intelligence/information indicates the need for one, this is placed within the agenda for the CSP Daily Tasking Meeting (DTM) and raised at the Force DMM. This will include the tasking of an appropriate briefing for wider Force resources to assist with the response to the s60 authorisation to ensure this is an intelligence focussed effort.
   • Each time an authority is given this is appropriately briefed to local the community advisors (CA) and key stakeholders across any District. Consideration is given to communicating with Community Advisers through the Safer Neighbourhood Policing Teams and any other relevant community groups or individuals.
   • Authorising officers must ensure to the best of their ability that their communications reach those most likely to be affected by the relevant s60 and that communications strategies are effective. A bespoke Community Tension Assessment (CTA) is undertaken and monitored by the local Neighbourhood Policing Team (NPT) and Community Safety Unit (CSU) reporting findings to the CSP Chief Inspector and/or relevant Bronze and Silver Commanders. Once concluded NPT and CSU staff will be deployed to the area to actively engage with the community to gauge feelings and confidence levels.
   • When appropriate a media release will be completed to highlight the use of s60 and any outcomes. Interventions have been seen to ensure local Inspectors learn from previous applications of the power and receive feedback on any s60 authorisation given and this is shared appropriately with others to enhance their knowledge and understanding.
   • The table below highlights the volume of s60 authorisations across the County for the calendar year of 2023. This highlights Hertfordshire Constabulary are not a heavy user of this stop and search power, however the critical importance of ensuring it is authorised, delivered and reviewed appropriately is key to promoting trust and confidence across the communities of Hertfordshire.

 

Date of section 60	Policing Area Used In	Number of Searches	Positive Outcomes
03/11/2023	Three Rivers	9	0

 

3. Recommendations

   • The super-complaint report gives 10 recommendations for Chief Constables, Police and Crime Commissioners, the Home Office, NPCC and College of Policing. This briefing note highlights those directly relevant for Chief Constables and Hertfordshire Constabularies current position with activity where relevant

   • 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 forces use of section 60.

Hertfordshire position:

There is no specific training on s60 currently delivered in Hertfordshire.

Currently training to officers is only delivered in respect of s1 PACE search powers. Bedfordshire Constabulary have made contact with Organisational Learning on behalf of Bedfordshire, Cambridgeshire and Hertfordshire, who are reviewing their position and are planning to ensure s60 input is included as part of initial recruit training. This will be assessed on a local level and if the input isn’t sufficient, consideration will be given to a Hertfordshire specific training input if needed.

Organisational Strategy Team will be giving further training to new frontline leaders and will also deliver annual refresher training to Intervention and Neighbourhoods, the content of which will be based on need and national/local recommendations. All current/new Bronze and Silver commanders will receive relevant s60 training.

Refresher training for 2024 is booked for over the spring and summer periods, with 10 inputs to Intervention teams and 3 to Neighbourhood teams with attendance from PC to Inspector rank, to cover the full range of operational uniformed officers as best possible. The content will include an input on s60 CJPOA.

This training product will be ready by May 2024.

Recommendation to be owned by OST.

• Recommendation 2:

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.

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.

Hertfordshire position:

It is recognised that a s60 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. Noting likely amendments to the APP by NPCC and the CoP on minimum requirements in this area, there are a number of options available to the Constabulary to improve the approach to briefing and debriefing s60 authorisations. An SOP is being drawn up for the use and implementation of s60’s. This will include enhanced training and the use of BWV to record rational and briefings. This will enable them to be presented to the scrutiny panel for the process to be quality assured.

Part of the SOP will include for spontaneous s60 authorisations an expectation that the area is attended by the authorising Inspector to provide leadership and direction in the initial stages and consider conducting street briefings on BWV with the resources assigned. This will be complimented by a stand alone s60 ISR being created detailing the areas highlighted as a minimum. This will allow those subsequently assigned to the s60 search area to understand the legality and rationale for the s60. A s60 form will be submitted as per the current Force policy to add to the audit. For planned s60 authorisations there will be an expectation within the SOP that a briefing is held for the resources assigned and this will be captured on BWV.

Currently s60s are recorded on a specific document. The S&S scrutiny panel are shown the redacted document and the Chief Insp (and authorising officer), or their representative, will attend the next scrutiny panel to explain their rationale and answer any questions.

New SOP and process to implemented by April 2024 and owned by OST.

• Recommendation 3:

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.

Hertfordshire position:

On reviewing a strip search of a child the policy was reviewed and amended. The process now dictates that a non-crime Athena investigation must be created and an interest registered with the Safeguarding Hub requesting that they submit a referral.  This was agreed by the Constabulary in conjunction with Child Services.

Should a searching officer deem that a strip search of a juvenile is necessary and lawful, then an Insp’s authority is required for a strip search and rationale put on the grounds of the tuServ entry.  Strip searches of juveniles should not take place at home, school or custody unless there are extenuating circumstances.  This is to limit trauma.  Each CSP has identified a room within the police station that can be used for strip searches.  A parent/carer or suitable appropriate adult should be present.

All strip searches of juveniles are reviewed by the S&S Scrutiny Panel. The panel will only review youth S&S that are selected as part of the random selection done by the OPCC, unless there is a specific thematic focus for a meeting.

For stop and search of a juvenile, officers should be informing a parent/carer or suitable appropriate adult, and should they not do so, they are required to provide a rationale on the tuServ entry.  Under 10s should have a guardian present.

It is expected that when authorising and reviewing child searches, including strip searches, officers and supervisors consider a trauma-focused approach. The S&S SOP refers to this and highlights guidance on a specific document for reference.

The OST input on the Frontline Leaders course covers Child Q, trauma and reviewing child strip searches.

These processes are already in place but are monitored and reviewed by OST.

• Recommendation 4:

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.

Hertfordshire position:

The redacted s60 authority form is shown to the panel as part of this process. The panel receive training around s60 authorisations and how to interpret the forms. We have recently implemented a round of training for new panels members, and existing panel members were invited to refresh their knowledge.

During the scrutiny of the form by the panel the Chief inspector from the relevant CSP, or a nominated deputy, and the authorising officer, are made to attend and explain the grounds for the s60), how many searches resulted out of it and the outcomes. They are then able to be questioned by the panel.

Where there are any stop and searches under the s60 authority, the panel have the ability to request through the OPCC that they view those stop and search records and/or BWV to review the quality of the interaction.

Any learning and feedback from the s60 reviews is embedded into future training or policy where appropriate.

These processes are already in place and Herts has been identified as being a leader nationally in best practice in the HMIC s60 report. Owned by OST.

• Recommendation 5:

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.

Hertfordshire position:

Panel members as standard are not vetted, but those in data subgroups (who will be accessing police data) undergo vetting for that additional role.

In terms of the panel membership, members can serve on the panel for up to two terms of three years, with a third three-year term by exception. When members of the public expresses and interest, the OPCC will meet with them individually in order to better understand their motivations and interest in joining the panel. This is policy set by the OPCC and overseen by them.

The full membership ‘terms’ are outlined in the ToR, which expands on the above. 

Part of the application process that prospective members go through includes ensuring there are no conflicts of interest, for example if they are related to a serving Herts officer. These conflicts are checked for via questions on the expression of interest form and if a conflict is identified it will be reviewed by the OPCC and the member of the public will be advised as to whether we can progress with the joining process. The ultimate decision on membership rests with the OPCC.

A refreshed recruitment campaign is due to be launched by the OPCC to promote the diversity of the scrutiny panels. This includes Mock Panels at a local college, a certificate recognition scheme for any college or university students that take part in the panels that can then be used on their CVs, and utilising the Neighbourhood Policing Teams links into local communities to identify potential panel members.

These processes are already in place and Herts has been identified as being a leader nationally in best practice in the HMIC s60 report. Owned by OST.

• Recommendation 6:

Within 56 days of the publication date of this report, the National Police Chief’s Council, the Association of Police and Crime Commissioners and the Home Office should inform His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services, the Independent Office for Police Conduct and the College of Policing how they intend to respond to the recommendations.

Within 56 days of the publication date of this report, forces should publish on their websites an explanation of how they have responded or will respond to the recommendations. Forces should send the National Police Chief’s Council links to where this information can be found.

4. Elements of good practice.

   • Some elements of good practice were noted within the document with reference to Hertfordshire. These give some reassurance around the performance within Hertfordshire. The below is an extract form the s60 HMIC report.

Operational police sergeants regularly attended community scrutiny panel meetings. Local police chief inspectors also attended if the panel highlighted an area of concern, or when powers such as section 60 were used. The CSP invited them to observe the panel scrutiny process and to see stop and search records and body-worn video footage of searches that related to their officers. The police representatives were also available to advise the panel about the law, police processes and additional local policing and stop and search activity. They also made sure all panel assessments and feedback were used positively in relation to individual officers whose searches had been scrutinised, and that any feedback could be included in wider organisational learning opportunities. We were told that if the CSP decided that the stop and search under review was so poor that it received a ‘red rating’, it also made a referral to the police professional standards department. This means that the professional standards department has it on record and can track any future trends in that officer’s behaviour and use of stop and search.

5. Governance and reporting structure.

Activity is owned by the Operational Strategy Team, feeding into the twice quarterly Police Powers Board Working Group. This is chaired by the OST superintendent who is force strategic lead for S&S and will oversee delivery of this work; the OST superintendent then reports into the quarterly Police Powers Board chaired by Chief Supt. - Police Powers Exec Lead