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Chief Officer Team Briefing for COM

Title: Stop and Search Report Author: CI Gareth Crossley CoT Sponsor: ACC Hankinson Date: 16th March 2021

SUMMARY

The report contained in this paper outlines the current position in relation to the use of stop and search powers. It provides statistical data in relation to how stop and search powers have been used in the previous 12 months period to the end of December 2020. It also provides an update regarding the forces understanding of issues of disproportionality in use of stop and search as well as compliance with remaining elements of the Home Office Best Use of Stop and Search Scheme. The specific impact of Operation Jemlock on stop and search is addressed alongside Polices ongoing compliance with recent amendments to the College of Policing Authorised Professional Practice specifically in relation to scrutiny arrangements. An update is also provided regarding ongoing and future work to further address stop and search activity.

REPORT DETAILS

Annual Stop & Search Statistics

1. West Yorkshire stop and search data is available to view by the public at www.police.uk. In addition to the information publicly available monitors a comprehensive set of data in order to analyse and better understand our operational activity around stop and search.

2. In comparison to the last COM report provided in December 2019 it must be noted that the data provided in this report contains an additional quarter. As such, comparisons have been made “compared to the previous twelve months” for ease of understanding.

3. In the twelve months to December 2020 20,545 stop searches have been undertaken, an increase of 7,023 (+51.9%) compared to the previous twelve months, reflecting a continuing upward trend in the use of stop and search powers by West Yorkshire Police. The figures equate to an average 3.4 searches per officer per year, up from 2.3.

4. National data is currently only available for the 12 months for year ending 31 March 2020 when stop and search was used 558,973 times. It is recognised that stop and search use is rising nationally. Even considering our current rate of usage compared to the slightly

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NOT PROTECTIVELY MARKED older and dataset West Yorkshire account for only 3.7% of the national total. By comparison The Service (MPS) area, accounted for 48% of all stop and searches conducted and 50% of the total increase in stops and searches in 2019/20 (year ending 31 March 2020). Other forces accounting for large proportions of the increase were Police (7%), (6%) and South Yorkshire (5%)

5. The reasons for search in West Yorkshire continue to reflect the high strategic threats to the force with 61.7% undertaken for drugs, 15.1% going equipped (for offences of burglary, theft or fraud), 12.2% for offensive weapons and 5.7% for stolen property. Firearms represent 1.2% of searches and criminal damage 1.1%.

6. Independent inspection by HMICFRS during 2020 shows that 19 of every 20 stop and search records are deemed to be based on objective grounds. Those with insufficient grounds may be due to a number of factors, mostly due to poor recording at the time.

7. Operation Jemlock, our high profile, proactive response to tackle the threat of knife crime and violent crime in West Yorkshire now accounts for 13.4% of annual stop and search activity compared to 2.8% the previous 12 months. However, West Yorkshire Police have worked hard to ensure that all operational stop and search activity is attributable to this specific operation and due to Operation Jemlock supervisory oversight and performance monitoring we are confident that Operation Jemlock stop and search activity can be accurately attributed. This improvement to data quality is a contributing factor in the apparent significant rise.

8. As outlined in the Police and Criminal Evidence Act, 1984 Code A, searches may be undertaken to differing degrees for example being confined to outer clothing only, to more thorough than outer clothing or exposing intimate parts. Searches involving exposure of intimate parts of the body may be carried out only at a nearby police station or other nearby location which is out of public view (but not a police vehicle). Year to December 2020 shows that in West Yorkshire outer clothing searches made up 94.5% of searches, more than outer clothing 0.3% and exposing intimate parts 1.2%. In 4.0% of cases this data was omitted in error.

9. Search outcomes are split into both “Direct outcomes” and “Positive outcomes”. Direct outcomes relate to the item being searched for being found. The direct outcome rate has fallen slightly from 25.3% to 24.2%. Positive outcomes relate to where, for example, something else illegal is found albeit the search was not originally intended to search for that kind of article or where a person is arrested for an offence or being wanted on warrant. The positive outcome rate has fallen slightly from 31.3% to 30.5%.

10. In more detailed analysis conducted year to December 2020 find rates for strategic areas were highest for drugs at 26.7%. Find rates for alcohol were technically higher at 35.7% but represented a small number of such searches for the year. Searches targeted at the strategic priority of burglary (Going Equipped and Stolen Property) had lower outcomes at 6.7% and 14.8% respectively. Offensive weapon searches targeted at the violent crime threat had a find rate of 11.5%. Such searches require further continued supervisory monitoring.

11. West Yorkshire Police have considered a HMICFRS recommendation to identify separate identification of find rates for drug possession and supply-type offences. There is no requirement in law or in required recording practice to differentiate between searches undertaken for ‘possession for personal use’ or ‘possession with intent to supply’. Furthermore, the amount of drugs searched for and/or subsequently found can bear no reflection on the criminal intention of those in possession. It is the intent or Mens Rea of the offender that is crucial irrespective of the quantity of drugs found. As such, without detailed analysis of every case (which would in any case be on a subjective or ‘opinion’

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NOT PROTECTIVELY MARKED basis) we have considered this recommendation and have assessed that we can find no realistic means of analysis.

12. Overall, data quality plays a large part in correctly understanding stop and search. The absence of any element of data from a stop search record has reduced from 13.9% to 4.3% in the twelve months to December 2020. Significant improvements have been made due to updates to the address gazetteer, with a notable step change since December 2019 when the gazetteer was updated. Using correct gazetteer geographic data ensures officers correctly link stop and search locations in a way that can be analysed.

13. The rate of not recording self-defined ethnicity has fallen from 0.2% to 0.1%. The proportion where those subject to stop and search that have not stated their self-defined ethnicity has fallen from 19.6% to 17.1%. An impending amendment to the stop and search record on officers hand held IT devices aims to further improve this data quality issue.

14. Self-defined ethnicity is a significant data quality aspect that influences our understanding of issues of proportionality. Ethnic disproportionality exists when an ethnic group is more or less likely to be impacted by a particular action or inaction in either a negative or positive way compared to other ethnic groups. We recognise that disproportionality can directly impact an individuals’ perception of and interaction with West Yorkshire Police.

Understanding proportionality in the use of stop and search

15. Issues of proportionality (also described by others as issues of equality) are determined by comparison to census data, the latest of which was in 2011. West Yorkshire Police have considered the accuracy of 2011 census data as some would suggest this is outdated and could be misleading for analysis.

16. Most recent Office for National Statistic estimates suggest that at the force level relative proportions of differing ethnic groups within West Yorkshire have changed only marginally. However, we do consider that it is likely that there will be differences at the ward level since 2011 due to factors such as continued housing development, economic growth and changes in migration since the 2011 census. Nevertheless, we conclude that we have no reasonable way of confidently estimating change at this level. For reasons of legitimacy we are confident that analysis against the 2011 census data is the most ethical approach at this time.

17. West Yorkshire Police are working hard to progress our understanding of the reasons for any disproportionality or inequality in the use of operational policing tactics such as stop and search. This is being supported by detailed analysis of our operational data and seeking to understand the factors influencing this.

18. In seeking to better understand the factors influencing issues of proportionality West Yorkshire Police have undertaken analysis compared against the findings of academic research that seeks to explain why disproportionality exists in operational policing (holistically, including international research, not specific to West Yorkshire Police). The majority of academic studies into disproportionality in policing are in fact heavily focussed on the subject of stop and search. This is likely due to the significant societal interest in this area of policing.

19. We have found that academic literature identifies the following factors as being key themes in the explanation of ethnic disproportionality in policing:

• Accuracy of the Data • Approaches to Deployment • Crime Rates

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NOT PROTECTIVELY MARKED • Discrimination/Racial Bias • Street Availability and Population Availability

20. In West Yorkshire the greatest issue of proportionality is the disproportionate searching of young males compared to the rest of the West Yorkshire population. Data of recorded age and sex shows that 91.9% of searches are conducted on males, compared to 8.1% female. In the 91.9% of males, 20.9% are aged 16-19, 37.6% aged 20-29 and 15.3% aged 30-39.

21. Considering ethnic proportionality, those from BAME communities are 2.9 times more likely to be subject to stop and search than white. The most recent Home Office police powers and procedures statistics (to year ending 31 March 2020) identify that in England and Wales the national average is disproportionality towards BAME individuals of 4.1 times more likely to be subject to stop and search than white.

22. Independent inspection by HMICFRS during 2020 dip-sampled a number of West Yorkshire stop and search cases. Dip-sample results showed that within West Yorkshire reasonable grounds for search were evident in 100% of searches for drugs of white and black individuals; 100% had reasonable grounds for all searches relating to black individuals and 97% reasonable for all searches relating to white individuals. Searches of Asian individuals were found to be 88% reasonable for all searches dip sampled and 89% reasonable for drugs searches dip sampled. Searches of Asian individuals require further rigorous supervisory monitoring.

23. West Yorkshire Police also analyse find rates for stop and search. “Direct Outcome” find rates are those where the object the search was intended for are in fact found (as opposed to some other chance or other, albeit potentially related, outcome). Direct article find rates are 19.6% for searches of white individuals and 23.1% for those defining as of BAME ethnicity.

24. Operation Jemlock activity is also measured against census data for issues of proportionality. At a West Yorkshire force level Operation Jemlock activity appears to be significantly more disproportionate than overall stop and search data, with a disproportionality ratio of 4.6 toward BAME communities (as opposed to the force average of 2.9 described above). However, it is important to look at the location of where Operation Jemlock activity is undertaken at a ward level.

25. In additional detailed analysis undertaken for the 12 months to the end of September 2020 (only one quarter prior to all the data presented within this report), the Top 15 wards subject to Operation Jemlock search activity were analysed. 5 of those 15 wards (33%) had stop and search disproportionality at or below census data. That is, you were either equally likely or even less likely to be searched if from a BAME community than white. Similarly, in 12 of these 15 (80%), disproportionality was below the then force average. This demonstrates that when analysing deployment at the ward level issues of apparent disproportionality are more nuanced. Disproportionality still exists but to a much lesser extent than ‘headline’ data would suggest.

26. This issue regarding accuracy of the data, or moreover, accuracy of the data presented to communities , as opposed to ‘media headlines’ is crucial to feelings of community safety and even understanding allegations of police bias. This has formed part of wider analysis explained in more detail below.

27. In considering issues of proportionality, West Yorkshire Police have also analysed stop and search rates compared to crime offending data. This is specifically measured against “searchable crime”. Crime that a power of search would exist for at the time of or prior to the offending. “Searchable crime” is a more ethical approach in this regard than analysing against all crime types when considering stop and search. “Searchable crime” offender

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NOT PROTECTIVELY MARKED data shows disproportionality toward offenders who define as BAME by a ratio of 1.3. This is still lower than the stop and search ratio of 2.9. Therefore, “searchable crime” offence data does not on its own explain stop and search disproportionality.

Overall findings in current stop & search statistics

28. Overall, in comparing West Yorkshire Police data against the areas of: Accuracy of the data, Approaches to Deployment, Crime Rates, Discrimination/Racial Bias and Street Availability and Population Availability we have found that there is a very strong correlation when considering Crime Rates and Approaches to Deployment. Specifically, when comparing the use of stop and search against Crime Severity Score at the ward level produces a very strong correlation. In fact, this is the strongest correlation so far in all our analysis. Crime Severity Score is an Office for National Statistics measure of the harm caused by recorded crime as opposed to a simple measure of crime volumes.

29. By further explanation: Crime Severity Score assesses the resultant harm caused by recorded crime. West Yorkshire Police undertake a detailed and holistic assessment of both the apparent threat and resultant harm to communities caused by crime. This is assessed through MoRiLE scoring: the Management of Risk in Law Enforcement – an approach that assists in setting the forces strategic priorities in line with the strategic intention to keep communities’ safe and feeling safe. Operationally, officers deploy reactively e.g. responding to calls for service, as well as proactively e.g. tasked policing deployments to tackle specific identified threats. Tasked deployments are decided upon by analysing crime information and intelligence against the (scored) strategic threats to communities. This approach to keeping communities safe drives police proactivity in West Yorkshire.

30. It should therefore be reassuring to communities that stop and search activity strongly correlates with the Crime Severity Score – the Home Office approved measure – that is also reflected in our strategic and tactical approach to police deployments. In simple terms: where there is greater harm to communities from crime, West Yorkshire Police utilise the operational tactic of stop and search more. We believe that this demonstrates significant legitimacy in our overall use of stop and search.

31. We also recognise that disproportionality exists within the overall use of stop and search. As such, we continue to analyse our data with the aim of better understanding issues of disproportionality by considering data such as; offending behaviours, intelligence availability, specific proactivity and also the quality of the data itself that we analyse.

32. We are confident that continuing to compare our own stop and search data against the thematic areas identified in academic literature is a significantly transparent and legitimate approach.

Home Office Best Use of Stop and Search Scheme (BUSSS)

33. As of 9th August 2019 The relaxed all previous BUSSS conditions which required authorisation levels for use of the Section 60 Stop Search Power greater than described in legislation (Criminal Justice and Public Order Act 1994). As such, S.60 authorisations can now, again, be authorised by an Inspector for up to 24 hours and further extended to 48 hours by a Superintendent in accordance with legislation. West Yorkshire Police have followed this government direction with the expectation that Duty Gold is briefed at an appropriate time regarding the authorisation, so allowing strategic oversight. Force Policy amendments have reflected this.

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NOT PROTECTIVELY MARKED 34. In the 12 months to December 2020 a S.60 search authorisation has been granted on 1 occasion in West Yorkshire resulting in 18 individual stop and search encounters. This number is significantly low when compared nationally and when considering the public concern around the use of this tactic.

35. Elements of BUSSS which remain are:

- Community Complaints Trigger - Lay Observation Policy (our Ride Along Scheme), and - Race and Diversity Monitoring – this has been described earlier in terms of proportionality.

36. Community Complaints Trigger: West Yorkshire Police retains the Community Trigger threshold at one complaint and the outcome of every stop and search complaint is passed in a redacted format to local scrutiny panels for their review.

37. There have been complaints recorded in the year to December 2020 relating to 11 separate people for 11 separate incidents. Of those 11, 1 relates to Operation Jemlock activity.

38. Recorded ethnicity of complainants showed: 4 White, 2 Asian, 2 Black, 2 Mixed and 1 Not recorded. Only one was female, the remainder male. Ages of complainants were: 14, 20, 21, 21, 23, 26, 30, 30, 31, 52 and 55.

39. Outcomes recorded by Professional Standards Department (PSD) regarding those 11 separate cases were: 4 cases still live or not yet investigated due to sub judice issues. 5 cases were finalised showing that the service provided was acceptable. 1 case was resolved with the complainant, and 1 element of the remaining complaint was upheld by PSD for failing to provide the grounds for search. No formal action was taken against the officer.

40. Ride Along Scheme: The ride along scheme is currently unavailable to the public as we suspended activity in March 2020 due to the COVID pandemic. The Ride-Along Scheme will be reinstated as soon as it is safe to do so.

Other stop and search related activity

41. Since the last report and on our journey for improvement, Local Policing have undertaken continued development around stop and search which included the following:

42. Working with the College of Policing during their consultation phase regarding stop and search Authorised Professional Practice (APP) which specifically focuses on the Engagement element around stop and search, particularly scrutiny. West Yorkshire Police specifically conferred regarding the data protection elements of scrutiny and the national drive to show Body Worn Video (BWV). As such, when the final APP was published West Yorkshire Police were already fully compliant with regard to scrutiny and the showing of BWV which is underwritten by a comprehensive Data Protection Impact Assessment (DPIA) and associated scrutiny Terms of Reference and a Code of Conduct and Ethics, Disclosure and Confidentiality Arrangement.

43. The revised approach to scrutiny arrangements (now enhanced to include any area of operational practice formally approved by the Assistant Chief Constable strategic scrutiny lead) were launched in July 2020 and allow for remote scrutiny using online communication platforms such as Skype or Microsoft Teams.

44. In responding to lessons learnt and striving for continued improvement:

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- Available Management Information has been further enhanced to support organisational learning and improvement. This dataset includes officers repeatedly omitting data, find rates, disproportionality matters and ward level analytical data. Stop and search data is on the IT road map for inclusion as a Power Bi application. This will allow for greater, more bespoke stop and search analysis.

- Stop and search recording has been streamlined by removing the ability to record stop and search on the Corvus system which impacted on the completion of supervisory reviews. The force now solely use Niche as a recording and authorisation IT system.

- The Pronto and Niche supervisory templates for stop and search review have also been improved to allow detailed supervisor feedback to officers as regard each stop and search encounter, particularly those subject to review of BWV. Supervisory reviews should also include feedback regarding elements of procedural justice observed during the stop and search encounter.

- An impending change to the Pronto stop and search application on officers handheld devices will amend the required fields for stop and search grounds and recording of self-defined ethnicity. The changes have been undertaken as part of the continued West Yorkshire Police stop and search action plan and are designed to improve data quality and support officers in accurately recording reasonable objective grounds.

Chief Inspector Gareth Crossley Corporate Services

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