Police must apply safeguards and improve scrutiny when using stop and search, report says

A police super-complaint submitted by the Criminal Justice Alliance in 2021 raised concerns about the harms caused by ‘suspicion-less’ section 60 stop and searches and inadequate scrutiny of all stop and search powers, with black people 18 times more likely to be stopped and searched under these powers.

It called for the repeal of section 60 powers and more effective community scrutiny of stop and search

Following a joint investigation into these concerns, His Majesty’s Inspectorate of Constabulary and Fire and Rescue Services (HMICFRS), the College of Policing and the Independent Office for Police Conduct (IOPC) found that police forces should improve how they explain and evaluate their use of section 60.

The report states that the police must do more to apply existing safeguards to minimise any harm when they use section 60. These include the College of Policing’s authorised professional practice and the National Police Chiefs’ Council’s (NPCC) guidance on body-worn video. Investigators found concerning examples where these had not been properly applied.

The report said that forces should be providing training on section 60 that meets the national police curriculum requirements. Investigators found that currently, too many officers who authorise the power, and those who conduct the searches, are not receiving the training they need.

The report confirms that people from ethnic minority backgrounds are more likely to be stopped and searched under section 60 – however, none of the forces that investigators engaged with could fully explain why. The report concludes that, while forces may recognise the effects of disproportionality on people and communities, they do not take this matter seriously enough.

The report makes ten recommendations, including that chief constables ensure that:

• All officers understand and comply with their responsibility to safeguard children who are stopped and searched;
• Forces communicate effectively with communities on the police use of section 60 stop and search powers; and
• Briefings on section 60 operations are recorded and are subject to scrutiny.

The report also makes recommendations to improve how forces work with community scrutiny panels, which help to play an important role in reviewing how police use stop and search powers. Panels should include people affected by stop and search, and panel members must have appropriate training and support.

In support of the recommendations, the College of Policing will undertake further activity to help the police improve decision making on their use of stop and search.

HMICFRS said it will review progress forces make against the recommendations in this report.

His Majesty’s Inspector of Constabulary, Wendy Williams said: “We know that, when used properly, section 60 stop and search can support the police response to serious violence. However, the use of the power can have detrimental effects on public trust and confidence in the police, particularly among black communities.

“It’s vital that forces understand the importance of using section 60 stop and search legitimately, proportionately and fairly. We found this was often the case, but we also saw a range of shortcomings. And these often mirrored the Criminal Justice Alliance’s concerns. As a result, we have made ten recommendations. These are to help ensure forces only use the power when necessary, use it effectively, and evaluate its use.

“We thank the Criminal Justice Alliance for submitting this super-complaint, which has highlighted the need for ongoing scrutiny, and to make sure the use of stop and search effectively supports the police in keeping the public safe.”

Kathie Cashell, IOPC acting deputy director general, said: “Stop and search, including ‘suspicion-less’ stop and search under section 60, is an important policing tactic which supports the police response to serious violence and knife crime. However, it is also an intrusive policing power which can impact negatively on those subjected to it.

“Many of the findings from this investigation mirror those raised in previous reports and inquiries so policing must ensure that it applies existing safeguards and effective community scrutiny, to minimise any harm when stop and search is used.

“If the police service is to build and retain confidence in its use of section 60 stop and search, more needs to be done to understand and evaluate its effectiveness and to explain this to communities where it is used.”

Andy Walker, head of uniformed policing at the College of Policing, said: “The targeted use of stop and search can support the police response to serious violence. However, it must be used lawfully, proportionately and fairly to ensure public trust and confidence in policing.

“Our joint investigation of this super-complaint highlights the importance of policing applying these principles, especially when using wide stop and search powers like section 60.

“Following the investigation, the college will be supporting policing to apply stop and search powers appropriately by reviewing and updating the stop and search national policing curriculum.

“The update will help forces deliver regular stop and search training, focused on priority areas such as safeguarding around searching children and using section 60 search.

“We are aiming to work alongside the NPCC to set minimum requirements for recording, briefing and reviewing decisions to authorise section 60 search. This will provide tactical support to senior officers responding to serious violence.

“We will submit a bid for research funding so we can evaluate what works to improve officer use of stop and search.”

The Criminal Justice Alliance said the HMICFRS report marks a significant milestone two-and-a-half years after submitting its police super-complaint, ‘More harm than good’.

It said the report sheds light on policing’s “deeply concerning failure” to adhere comprehensively to legal, best practice, and training frameworks endorsed by key authorities.

“Forces are falling short in providing section 60 training, and some forces lack any classroom training on stop and search altogether,” the Criminal Justice Alliance said.

“The report confirmed a disproportionate number of stops and searches under section 60 for people from ethnic minority backgrounds, with no clear reasoning from the forces involved.

“Worryingly, the report deems child safeguarding during section 60 searches insufficient. Despite this, the report refrains from recommending the repeal of Section 60.”

The Criminal Justice Alliance says it will continue to call for the repeal of section 60 and for a comprehensive review of the legislation’s effectiveness to be conducted.

Annette So, interim director at the Criminal Justice Alliance, said: “We welcome the report, particularly considering its acknowledgement of failures in current policing practices. Nevertheless, we stand by our assertion that section 60 and the escalated use of stop and search causes more harm than good.

“Evidence has clearly shown that section 60 is used disproportionately, has a traumatic impact on communities and damages public trust with the police. The solution is to invest in tackling the root causes of crime, rather than enforcing this sweeping, draconian power.”

She said the report’s lack of engagement with any individuals who have experienced section 60 powers was “incredibly disappointing”.

The Criminal Justice Alliance said this omission not only raises concerns about the credibility of the methodology, but also results in an “imbalanced report”.

“The lived experiences of black communities are often seen as an afterthought or even an aberration by institutions that deliver harmful policies that cause trauma, distress, and a loss of trust,” it added

Ms So said: “We appreciate the diligence of the investigators in recognising substantial aspects of the case presented in our super-complaint, More harm than good. However, by failing to engage with anyone who has experienced section 60 powers, there is a clear lack of credibility in the methodology.

“Our own work shows that these groups and individuals are not hard to reach. The word ‘aggression’ consistently surfaced in discussions we have had with young people who have been stopped and searched under section 60 and their description of their interactions with the police.

“It is imperative we listen to the affected communities and individuals impacted by this policy, and to provide a safe space for these conversations to happen. It is only through such meaningful engagement that we can build trust.”

The report raises concerns about the intersection between child safeguarding and race, calling attention to the criminalisation of children and urging a review of existing protections.

Mark Blake, policy manager at the Criminal Justice Alliance, commented: “The safeguarding aspect of the report and the intersection between child safeguarding and race is extremely concerning to the Criminal Justice Alliance and our members. This is especially so since Child Q; the depth of feeling amongst black communities has not been absorbed by the policing establishment and politicians. In our view, this cannot be sustained.”

With people from ethnic minority backgrounds more likely to be searched under section 60, the report suggests better use of the Public Sector Equality Duty (PSED) and Equality Impact Assessments (EQIAs).

While the Criminal Justice Alliance supports more adherence to PSED and effective use of EQIAs, it believe that repealing the section 60 powers is the most effective way to reduce racial disproportionality.

Desmond Brown, Criminal Justice Alliance race disparity expert group member, and director at Growing Futures CIC, comments: “The lived reality of black and brown people and the issues highlighted by the alliance must be addressed with utmost urgency. The continued use of section 60 disproportionately exposes these sections of British communities to more harm than good.”

The Criminal Justice Alliance has proposed a set of recommendations, including repealing Section 60, adherence to the law and best practices, prioritising lived experiences, addressing child safeguarding, adopting evidence-based policies for serious youth violence, improving police community consultative frameworks, and addressing racial disparities through collaboration with civil society partners.