In 2020, we launched our thematic work on race discrimination, which enables us to independently investigate cases which would not ordinarily meet our threshold for investigation. Taking a thematic approach helps us to build the necessary body of evidence to drive real improvements in police practice by identifying both good practice and systemic issues, and in 2020 we used this approach to shape 11 formal learning recommendations to the Metropolitan Police Service (MPS) following the study of five investigations featuring the use of stop and search.
In 2022, we published a report taking the next step on from that work, looking at learning that could be shared at a national level. Our thematic recommendations can be found below.
Recommendation 1: to the National Police Chief’s Council and College of Policing
The IOPC recommends that the NPCC and College of Policing work together to develop guidelines on how to safeguard people from a Black, Asian, or other minority ethnic background from being stopped and searched because of decision-making impacted by intelligence based upon assumptions, stereotypes, and racial bias, and mitigate the risks of discrimination.
Recommendation 2: to the Home Office
The IOPC recommends that the Home Office review what constitutes reasonable grounds for suspicion for cannabis possession. The review should consider whether smell of cannabis alone provides reasonable grounds for a stop and search and whether any changes are required to PACE Code A.
Recommendation 3: to the National Police Chief’s Council
The IOPC recommends that the NPCC takes steps to support forces to reduce their officers’ reliance on the smell of cannabis alone when deciding to stop and search someone and instead use grounds based upon multiple objective factors relating to that specific individual.
Recommendation 4: to the National Police Chief’s Council and College of Policing
The IOPC recommends that the NPCC and College of Policing review the effectiveness and application of GOWISELY and consider whether its use is resulting in professional stops and searches where the person understands the reasons for an officer’s actions before starting the search.
Recommendation 5: to the National Police Chief’s Council and College of Policing
The IOPC recommends that NPCC and College of Policing supports Chief Officers to implement the College of Policing’s national training on communication skills and use of de-escalation during stops and searches.
Recommendation 6: to the National Police Chief’s Council
The IOPC recommends that the NPCC supports Chief Officers to consider the steps that can be taken in their force to ensure all officers understand that they have an obligation to challenge inappropriate behaviours that may occur during a stop and search encounter. This should include situations where officers have insufficient grounds, where decision-making may have been influenced by biases, where communication has been inappropriate or excessive force has been used.
Recommendation 7: to the National Police Chief’s Council
The IOPC recommends that the NPCC supports Chief Officers to take steps to ensure that officers in their force understand their obligation to end encounters once their suspicion has been allayed, in a manner that minimises impact and dissatisfaction, unless there are further genuine and reasonable grounds for continued suspicion.
Recommendation 8: to the National Police Chief’s Council and College of Policing
The IOPC recommends that the NPCC and College of Policing work together to develop guidelines on how to safeguard people from a Black, Asian, or other minority ethnic background from experiencing disproportionate use of force during stops and searches due to stereotypical assumptions and biases affecting the policing response.
Recommendation 9: to the National Police Chief’s Council
The IOPC recommends that the NPCC supports Chief Officers to take steps to ensure that within their force, officers exercising stop and search powers are not using force, in particular handcuffs, as a matter of routine, and are only escalating to a forcible search where the person resists or makes it clear they are unwilling to cooperate.
Recommendation 10: to the Home Office
The IOPC recommends that the Home Office agree an approach to recording data about the protected characteristics of individuals having other policing powers (such as S.163 and use of force) used on them at the same time as being stopped and searched. The approach should form part of existing recording protocols and should include reports on the links between the ethnicity of the individual and their exposure to stop and search, use of force and vehicle stops
Recommendation 11: to the National Police Chief’s Council
The IOPC recommends that once a standardised process for recording data on the protected characteristics of individuals having policing other powers used on them (such as S.163 and use of force) at the same time as being stopped and searched has been agreed, the NPCC provides support to police forces to implement it in their local area.
Recommendation 12: to the Home Office
The IOPC recommends that the Home Office agree an approach to recording data on the use of Section 163 powers. Data should include the grounds upon which a vehicle was stopped, the characteristics of the occupants, and any outcomes resulting from the stop.
Recommendation 13: to the National Police Chief’s Council
The IOPC recommends that the NPCC supports Chief Officers to take steps to ensure that officers are following the College of Policing’s stop and search APP and using their body worn video to capture all relevant information in the time leading up to the person being detained for a search, the conduct of the search itself and the subsequent conclusion of the encounter.
Recommendation 14: to the National Police Chief’s Council
The IOPC recommends that the NPCC supports Chief Officers to take steps to ensure that the structures they have in place facilitate appropriate monitoring and supervision of the use of stop and search powers, and that supervisors are allowed the time and are sufficiently trained to perform their supervisory duties.
Recommendation 15: to the NPCC
The IOPC recommends that the NPCC supports Chief Officers to work with local policing bodies to implement the principles of the College of Policing’s APP on community oversight in relation to stop and search.
Recommendation 16: to the National Police Chief’s Council and College of Policing
The IOPC recommends that the NPCC and College of Policing work with the Information Commissioner’s Office to enhance APP on the sharing of stop and search information with external scrutiny and oversight groups, in particular body worn video footage, to bring about greater consistency and transparency.
Recommendation 17: to the National Police Chief’s Council
The IOPC recommends that the NPCC supports Chief Officers to work with local policing bodies to implement the enhanced APP on the sharing of information with external scrutiny and oversight groups, to bring about consistency and transparency.
Recommendation 18: to the National Police Chief’s Council, College of Policing and Home Office
The IOPC recommends that the NPCC, College of Policing and Home Office explore the feasibility of commissioning research into the trauma caused predominantly to people from a Black, Asian, or other minority ethnic background, including children and young people, by the use of stop and search.