Criminal Justice and Public Order Act 1994 section 60 Super Complaint recommendations and responses
In December 2023 His Majesty's Inspectorate of Constabulary and Fire and Rescue Services (HMICFRS), the College of Policing and the Independent Office for Police Conduct (IOPC) published a report in response to a super complaint by the Criminal Justice Alliance about the police’s use of section 60 of the Criminal Justice and Public Order Act 1994, and the scrutiny of all stop and search powers. The report made 10 recommendations, six of which were addressed to Police Chief Constables as shown below.
Recommendation
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.
Met response
The Met has long recognised the training distinction for searching and authorising officers and provide mandatory inputs for officers new to both roles. New officers receive foundation training via two main training inputs and an e-learning training module. Newly promoted Inspectors have a dedicated section 60 input. For existing officers there are specific bitesize videos for both roles, and ‘How To’ guides.
The national police curriculum distinguishes two roles; Practitioner and Supervisor. Our current training reflects the national police curriculum requirements for both of these roles but a new section 60 specific GOWISELY (this is a mnemonic of minimum information that should be given to the person detained for the purpose of a search) is being created and additional training is being sought for newly promoted Superintendents.
The Met has a thorough and effective Quality Assurance process involving every section 60 being assured by the central team against the published minimum requirements. The results of the quality assurance is emailed to the authorising officer and the local senior Stop and Search lead. This personal scrutiny and feedback has driven improvements.
Recommendation
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
- the importance of recording all section 60 stop and search encounters on body-worn video in their entirety
Met response
Many Met section 60 authorities are spontaneous and not planned, limiting the ability to record and capture briefings. A corporate section 60 PowerPoint template briefing has been created addressing the specific points listed. Upon authorisation the briefing will be sent to all relevant officers via email to self-brief or allow for field briefings using mobile technology.
If a planned authorisation is made, Met policy will be amended to ensure the briefing is captured on Body Worn Video (BWV) and made available for monitoring purposes.
Recommendation
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
- there is robust checking and assessment of all such searches that takes account of the safety and welfare needs of the child
Met response
New officers receive foundation training via two main packages and an e-learning package. For existing officers there are specific bitesize videos for both roles and ‘How To guides’.
The national police curriculum distinguishes two roles, Practitioner and Supervisor. Our current training reflects the national police curriculum requirements for both of these roles, our policy is to automatically make a safeguarding referral for any child under 10 who is searched or any child who is searched where a safeguarding concern is present. We are working with partners to pilot Contextual Safeguarding and a new toolkit will identify early those who are children who are most searched.
Recommendation
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
- reporting back to communities and interested parties on operational outcomes
Met response
Existing Met practice is the relevant borough's Stop and Search Community Monitoring Group (CMG) Chair is informed and where appropriate consulted beforehand. The Met has for last three years placed a focus on promotion as a means of deterrence and encourage widespread publicity; this is most often via Basic Command Units (BCU) Twitter accounts and key community partner circulations.
Since November 2022, a weekly email outlining the previous week’s section 60 activity is sent to the pan London Chair of the Monitoring Groups and MOPAC. This is then shared with the 32 Borough Chairs. This is being amended to ensure all the detail stipulated is contained.
The Met Stop and Search Equality Impact Assessment (EIA) is comprehensive and covers the use of section 60. In August 2023 the completion of a dedicated Community Impact Assessment (CIA) for section 60 came into policy. Following evaluation a new bespoke section 60 CIA is being created which will assist in better identifying the communities that will be most impacted and thus required the most communication. Between May and September 2023 a review of the impact section 60 authorities made on social media utilised by gang members was conducted. Twenty nine authorities were made in the period and one was referenced. To improve we need to monitor social media responses to output.
Recommendation
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
- 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.
Met response
Our primary Community Scrutiny Panels (CSP) is the MOPAC facilitated Community Monitoring Groups (CMGs) which exist on each borough. As part of the regular CMG meetings, the group is given information on authorities and the written record of searches (Form 5090). A senior officer attends the CMG to represent the BCU and capture feedback.
Randomised Stop and Search Body Worn Video (BWV) footage is viewed by CMGs which may include section 60 searches. The 2024 refresh of the viewings Data Protection Impact Assessment (DPIA) will make provision for section 60 searches to be selected. There is a formal feedback process associated with BWV viewings.
The quarterly Community Monitoring Network (CMN) has a standing section 60 agenda item with details of usage discussed, questioned and feedback collated. Body worn video compliance is presently at 98% and learning from Precision Stop and Search pilot already identified the need to record encounters until the very end. Messaging has commenced on that issue.
Organisational Learning occurs via a monthly steering group and this is gleaned from the quality assurance process, CMG feedback and any inspections or reports.
The publicly available Stop and Search tableau powered dashboard contains comprehensive data from the previous 24 months on section 60 searches, including demographic breakdown, locations and outcomes.
Further community scrutiny of police encounters and the use of some policing powers are complemented by the Met owned Police Encounter Panels (PEP) held across Basic Command Units.
Recommendation
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
- 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
Met response
Our primary Community Scrutiny Panels (CSP) is the MOPAC facilitated Community Monitoring Groups (CMGs) which exist on each borough. CMGs facilitated by MOPAC are responsible for recruiting Community Monitoring Group members. The Met encourages representation and forwards all willing participants to MOPAC to remain independent of membership processes.
To improve recruitment and accessibility to panels, the Met does not require official vetting of panel members. In 2020 we reduced our requirements, to ensure no live investigations or conflicts are apparent and to encourage those who have lived experience of positive stop and search encounters are not prevented from becoming members.
Further community scrutiny of police encounters and the use of some policing powers are complemented by the Met owned Police Encounter Panels (PEP) held across Basic Command Units.
The Met has previously provided training to panel members and will continue to do so.