Stop & Search Standing Quarterly Brief

Report: 7
Date: 22 February 2010
By: Commander Territorial Policing on behalf of the Commissioner

Summary

This report provides an update of the MPS use of Stop and Search powers.

A. Recommendations

That the MPA Community Engagement & Citizen Focus Committee note the MPS stop and search update in response to the MPA Standing Quarterly Brief.

B. Supporting information

1. Stop and Search is used very productively in the MPS in support of Op Blunt 2, counter terrorism operations and everyday policing. Use of stop and search powers has to be tempered with the knowledge and understanding that it requires the trust and confidence of the community to be fully effective. It's important that Londoners accept stop and search as legitimate, necessary, effective and fair.

2. The MPS is required to provide a quarterly stop and search return to the Home Office. The most recent return is attached at Appendix 1 for the 2nd and 3rd financial quarters, July ’09 to December ‘09.

3. During the 2nd quarter there were 202,664 stop and account, 24,978 Section 60 Criminal Justice and Public Order Act (CJPOA) stop and search, 24,292 Section 44 Terrorism Act (TACT) stop and search, 369 Section 43 Terrorism Act stop and search and 117,428 Police and Criminal Evidence (PACE) and other powers stop and search.

4. Compared to the 1st quarter, PACE searches increased by 14.5% (14,944), PACE arrests increased by 8.6% (764), Section 60 searches increased by 23.1% (4,697) and Section 60 arrests increased by 34.5% (148). Section 44 TACT searches decreased by 17.6% (5,217), Section 43 TACT searches increased by 3.6% (13). Stop and Account increased by 10.7% (19,639).

5. During the 3rd quarter there were 210,721 stop and account, 24,760 Section 60 Criminal Justice and Public Order Act (CJPOA) stop and search, 18,272 Section 44 Terrorism Act (TACT) stop and search, 271 Section 43 Terrorism Act stop and search and 129,315 Police and Criminal Evidence (PACE) and other powers stop and search.

6. Compared to the 2nd quarter, PACE searches increased by 10.1% (11,887), PACE arrests increased by 1.9% (182), Section 60 searches decreased slightly by 0.9% (218) and Section 60 arrests decreased by 6.6% (38). Section 44 TACT searches decreased by 24.8% (6,020), Section 43 TACT searches decreased by 26.6% (98). Stop and Account increased by 4% (8,057).

7. The quarterly reductions in Section 44 TACT searches are directly attributable to the refinement of the tactics in July 2009. The policing of Tamil protests in Parliament Square throughout April/May contributed to a reduction in PACE searches in the 1st quarter, when significant numbers of resources were re-directed from boroughs to police the protests.

8. PACE and other searches are defined as including searches under Section 1 Police and Criminal Evidence Act 1984, Section 23 Misuse of Drugs Act, Section 47 Firearms Act, Section 139 Criminal Justice Act and other powers.

9. In December 2009 John Yates, Assistant Commissioner Specialist Operations, sent a reminder to all MPS officers and staff that people taking photographs in public should not be stopped and searched unless there is a very good reason. Mr Yates said, “Whilst we must remain vigilant at all times in dealing with suspicious behaviour, staff must also be clear that: there is no restriction on people taking photographs in public places or of any building other than in exceptional circumstances; there is no prohibition on photographing front-line uniform staff; the act of taking a photograph in itself is not usually sufficient to carry out a stop.”

10. On 12 January 2010 the European Court of Human Rights ruled that Section 44 Terrorism Act 2000 contravened the European Convention on Human Rights. However, the Home Secretary stated the government is seeking to appeal against the decision. As a result of the government decision to seek to appeal the ruling and following legal advice, the current MPS authorisation to use Section 44 remains in force in specified locations across London.

11. The MPS routinely records stop and searches, but it does not differentiate between Operation Blunt 2 stop and searches or otherwise. The Operation Blunt 2 stop and search information included in the Commissioner’s Report is a snapshot of activity based on operational returns, it is not verified data from our Stops Database. The intention behind the inclusion of this information in the Commissioner’s Report was to provide members with an overview of operational activity in relation to Blunt 2. The MPS is now moving progressively towards providing PIB statistics in the Commissioner’s report in line with the data provided to the MPA CECF committee (See Appendix 2).

12. Use of Section 60 CJPOA was reviewed by the MPS Inspectorate in January 2008, they made a number of recommendations which have all been implemented. An electronic authorisation form was introduced together with a Community Impact Assessment template, the Standard Operating Procedure was revised and specific guidance (which includes check list) was sent out to Authorising officers and Superintendents.

13. Section 60 performance data (Number of Stops; Number of Authorisations; Black:White Disproportionality rates) for every BOCU is scrutinised bi-monthly by Operation Pennant, the MPS stop and search performance framework.

14. The MPS is currently in the process of reviewing the operational use of Section 60 across all boroughs. The format of the Section 60 Authorisation form and Section 60 database is also under review to enable improved quality assurance of the use of the power across London.

15. Numerous and varied stop and search community engagement and liaison activities have taken place across the MPS. Engagement activities include:

• The MPS have funded a programme called "Watch Over Me" a comprehensive programme for all Secondary Schools across London, for use by the schools to look at risk awareness around a whole raft of issues relevant to young people. One such area is Stop and Search. Within the package there are lesson plans for both teachers and police officers around stop and search.
• Stop and Search ‘Roadshow’ for young people in Newham, including ‘Question Time’ panel, TSG demonstration and contribution from various youth groups.
• Street briefings on stop and search by Safer Neighbourhood Teams in Waltham Forest.
• Harrow police in partnership with a local school and stop and search monitoring group explored the issues of stop and search though drama and poetry.
• Young Advisors engaging with police during training sessions in Southwark and Waltham Forest
• Young people from Brent attending Hendon and engaging in role play scenarios with recruits
• Engagement through the BPA with VOYAGE Programme (Voice of Youth & Genuine Empowerment) and their Young Leaders for Safer Cities BTEC Course. This work involved engagement with young black persons from tier 1 knife crime boroughs to ascertain their opinions and gain their confidence in relation to Operation Blunt 2 stop and search tactics
• Young Advisors engaging with TSG2 during training sessions in Waltham Forest
• Stop and search workshops in Secondary schools in Wandsworth
• Young peoples ‘Question Time’ Event in Lambeth
• Stop and Search ‘Roadshow’ for young people in Newham, including ‘Question Time’ panel, TSG demonstration and contribution from various youth groups.
• Stop and search discussion at a local Mosque in Wandsworth
• Reassurance bus discussing stop and search in Merton
• Stop and search workshop with Somali community group Banooda Aid in Hammersmith and Fulham
• Stop and search role plays in primary schools in Waltham Forest
• A stop and search DVD was introduced in June 2008 and continues to be utilised. This was developed by the MPA/MPS as part of an engagement strategy primarily aimed at young people. The intended audience involves both police and community and focuses on the importance of the powers and the views of persons stopped. A resource pack supports the DVD.

6. A breakdown of community engagement activity by BOCU is attached at Appendix 3. This information has only recently started being collated, therefore 1st quarter data is not available.

C. Race and equality impact

1. The use of Stop and Search, and Stop and Account in the MPS is directed by Policy and five Standard Operating Procedures (SOPs). The aim of the MPS Stops and Searches Policy is to ensure that officers comply with the law, acting within their powers and that all Stop and Account and Search powers are used fairly, responsibly, without unlawful discrimination and with respect for people being searched. This Policy and SOPs are published in the public domain and are subject to regular review by the Stops and Searches Team.

2. The MPS publishes on the Internet, the Monitoring Mechanism on a monthly basis. This provides each BOCUs data on stop and search and for the MPS. This allows Community Monitoring Groups to scrutinise the use of stop and search by their local BOCU and to hold them to account, it also allows for comparisons to be made by BOCUs and against the MPS.

3. The MPS and every individual BOCU has completed an Equality Impact Assessment on their use of stop and search.

4. Operation Pennant, a performance framework for stop and search, provides London wide scrutiny of stop and search. Disproportionality and arrest rates are scrutinised down to team and individual officer level.

D. Financial implications

There are no additional financial implications arising directly from this report.

E. Legal implications

None arising directly from this report.

F. Enviromental implications

There are no environmental implications arising directly from this report. It should be noted however, that the MPS Environmental Strategy 2005-10 will, in the latter part of the 09/10 financial year, be superseded by a MPS Corporate Social Responsibility (CSR) Strategy 2010-13 that is currently in development. This CSR Strategy will address a broader scope of issues than the current Environmental Strategy, to also include social and economic issues such as public confidence in policing, community engagement, responsible procurement etc. It is possible that a number of material issues likely to be identified by the CSR strategy (and which will subsequently be included in a CSR reporting framework), will include some of the issues addressed by this Report. For example, stakeholder engagement, partnership working, training & awareness, equalities, organisational reputation, etc.

F. Background papers

None

G. Contact details

Report author(s): Inspector Andy Walker, TPHQ Patrol OCU, MPS

For information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

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