Section 60 Criminal Justice Public Order Act 1994

Report: 9
Date: 24 April 2003
By: Commissioner

Summary

At the February full Authority meeting, members requested further information in relation to Section 60 of the Criminal Justice Public Order Act 1994. This report provides details of the legislation and the MPS use of powers contained therein.

A. Recommendation

That the report be noted.

B. Supporting information

1. This report covers factual issues around the use of Section 60 Criminal Justice Public Order (CJPO) Act 1994 (as amended). The report includes the power conferred by the Act, the reasons for the use of this power and number of times it has been used in 2002.

2. The purpose of Section 60 of the CJPO Act is to prevent violence and the widespread carrying of weapons, which might lead to persons being seriously injured, by disarming potential offenders in circumstances where other powers would not be sufficient. It is designed to be invoked when there is specific, accurate and timely intelligence. When implemented this power is in addition to normal powers of stop and search and does not replace them. It should not be used to replace or circumvent the normal powers for dealing with routine crime problems.

Legislation

3. Section 60(1) states a police officer of or above the rank of inspector may grant authorisation under this Act if they reasonably believe that:

• Incidents involving serious violence may take place in any locality in their police area, and that it is expedient to give an authorisation under this section to prevent their occurrence; or
• Persons are carrying dangerous instruments or offensive weapons in any locality in their police area without good reason.

4. Once authorisation has been given the Act provides any constable in uniform with the power to stop any:

• Pedestrian and search them or anything carried by them for offensive weapons or dangerous instruments
• Vehicle and search the vehicle, its driver and any passenger for offensive weapons or dangerous instruments.

5. The authorisation shall be in writing and signed by the officer giving it, it must also specify the locality and duration for which it applies and the grounds on which the authorisation is given. If an Inspector or a Chief Inspector gives the authority, the authorising officer must as soon as practicable cause an officer of or above the rank of superintendent to be informed.

6. The authorising officer should set the minimum period during which these powers may be exercised, considered necessary to deal with the risk of violence, carrying of knives and offensive weapons. It must not exceed 24 hours. The Act does not identify the proximity in time that must exist between the authorisation and the anticipated incidents. Although Section 60(1) leaves the judgement in this respect to the authorising officer, there must be close connection between the period to which the authorisation relates and the anticipated incidents of serious violence. This authorisation can only be extended once by a further period of 24 hours, by a Superintendent or above, if offences have been committed or are reasonably suspected to have been committed in connection with any activity falling within the authorisation.

7. The term ‘locality’ is not defined, however the authorising officer should not set a geographical area that is wider than necessary for the purpose of preventing anticipated violence. The officer should take into account factors such as the nature and venue of an anticipated incident, the number of people who may be in the immediate area of any possible incident, their access to surrounding areas and the anticipated level of violence. If the area specified is smaller than the whole force area, the officer giving the authorisation should specify either the streets which form the boundary of the area or a divisional boundary within the force area.

8. Serious violence is not defined by the Act; it will be for the judgement of the authorising officer, subject to reasonableness of their belief that serious violence may take place. The meaning of the term ‘serious’ will be a question of fact in each case.

9. Where a vehicle is stopped or a pedestrian is stopped and searched under this power, that person is entitled to obtain a written statement if they apply within twelve months.

10. The authorising officer must reasonably believe that it is expedient to give an authorisation in order to prevent the occurrence of incidents of serious violence. That officer is not restricted to situations in which the grant of the authorisation is the only way of preventing such incidents. Expediency may involve the balancing of various policing factors, including whether other powers exist, the relative effectiveness of the powers available, and the ability of the police force effectively and efficiently to use available resources. The judgement must be in good faith. An authorisation will not be lawful if the ‘expediency’ relates to matters unconnected with the anticipated incidents of serious violence, such as the general policing of a locality and the desire to have short term but unfettered power to stop and search. However, if the criterion is satisfied, the fact that the power will confer other policing benefits does not make the granting of the authorisation unlawful.

11. This power is subject to the provisions of the Police and Criminal Evidence Act 1984 Codes of Practice and its non-discrimination requirements. Authorisation under Section 60 requires a reasonable belief on the part of the authorising officer. This must have an objective basis, for example: intelligence or relevant information such as a history of antagonism and violence between particular groups; previous incidents of violence at or connected to particular events or locations; a significant increase in knife point robberies in a limited area; reports that individuals are regularly carrying weapons in a particular locality.

12. However once written authority has been given for searches under this section to take place, it is NOT necessary for a constable to have ‘reasonable grounds’ before making a search of any person in that locality for dangerous instruments or offensive weapons during the authorised period.

13. The purpose is to search for offensive weapons or dangerous instruments; therefore the extent and manner of the search should reflect that purpose. ‘Offensive weapon’ means any article made or adapted for use to cause injury to persons OR intended by the person having it with him to cause injury to persons, by him or by some other person. ‘Dangerous instruments’ are instruments, which have a blade or are sharply pointed.

14. Section 60AA was introduced by the Anti-terrorism, Crime and Security Act 2001. It provides powers to require the removal of disguises at public order events where Section 60 authorisation is in force. Its purpose is to prevent or control activities which are likely to involve the commission of offences. An example of its use is at meetings or marches to deter participants from violence or committing offences by preventing them from hiding their identity. Section 60AA allows police officers of or above the rank of inspector to authorise the removal of disguises in a specified locality for up to 24 hours. Section 60AA(2) confers powers on any constable in uniform:

• To require any person to remove any item which the constable reasonably believes that person is wearing wholly or mainly for the purpose of concealing his/her identity;
• To seize any item which the constable reasonably believes any person intends to wear wholly or mainly for that purpose.

Use of Powers

15. Within the MPS, use of Section 60 was set out in Special Notice 3/99 and Special Notice 12/01. They emphasise the need for ethical use of the power taking into account the Human Rights Act and Race Relations (Amendment) Act 2000. Special Notice 12/01 sets out the roles and responsibilities of constable, first line supervisors and senior management team.

16. The guidance associated with the Section 60 authorisation form asks that a copy of the form be sent to PIB1 (Performance Information Bureau) for central collection of data. PIB have received 290 authorisations for the MPS for 2002. The main reasons given for the authorisations range from previous incidents in which firearms were reported, knife point robberies, football matches, gang violence, May Day events, incidents outside public houses, night clubs, robbery operations and fairs. MPS Officers conducted 9217 searches under Sec. 60 in 2002.

Search and arrest rate for searches under Sec 60 across MPS in 2002

MPS Inspection

17. The MPS’ Inspectorate is carrying out a review of the use of Section 60 to highlight any areas of concern and good practice. They will inspect nine representative boroughs across the MPS. It is anticipated that the inspection will be completed by the end of April 2003. The inspection will examine the following areas:

• knowledge and application of legislation
• grounds for authorisation
• justification
• disproportionate use across the MPS
• legal justification of use
• data collection and quality management
• supporting intelligence

C. Equality and diversity implications

Section 60 of the CJPO Act is a very powerful piece of legislation. If used lawfully and ethically it can be very effective as part of a menu of options to reduce gun crime and take knives off the streets of London, arrest offenders and reassure the communities. It must be based on and supported by quality and timely intelligence. However, perceived heavy-handed approaches, based on poor intelligence, can have the opposite effect of offending innocent people and alarming and alienating the very communities the MPS intends to protect and reassure, especially minority ethnic communities who feel they are subject to disproportionate use of stop and search powers. Under the Race Relations (Amendment) Act 2000, the police service and its individual members become liable for any racially discriminatory acts they may commit.

D. Financial implications

There are no relevant financial implications

E. Background papers

None.

F. Contact details

Report author: Inspector Manpreet Bains, DCC4 (4), MPS.

For more information contact:

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

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