Her Majesty’s Chief Inspector of Constabulary – Adapting to Protest – Nurturing the British Model of Policing Protest to – Adapting of Constabulary Chief Inspector Her Majesty’s ADAPTING TO PROTEST– NURTURING THE BRITISH MODEL OF POLICING The report is available in alternative languages and formats on request. Her Majesty’s Inspectorate of Constabulary Ashley House 2 Monck Street London SW1P 2BQ Her Majesty’s Chief Inspector of Constabulary This report is also available from the HMIC website http://inspectorates.justice.gov.uk/hmic Published in November 2009. Printed by the Central Office of Information. © Crown copyright 2009 ISBN: 978-1-84987-112-9 Ref: 299011 Merseyside 2008, “Hope Not Hate” – With kind permission of Diverse Magazine CONTENTS � Key Findings and Recommendations 5 Executive Summary 11 � Summary Table of Findings 18 � INTRODUCTION: The Challenges Facing Public Order Policing 26 � CHAPTER 1: International Comparisons of Policing Protest 39 � A. International Review of the Policing of Protest 39 � B. Independent Third Party Arbiters 44 � CHAPTER 2: National Standards for Public Order Policing 51 � A. National Review of Policing Protest 53 � B. Developing Consistency for Public Order Policing 66 � Conclusion 69 � CHAPTER 3: Communication 73 � Case Study A: Dialogue Policing In Sweden 74 � Case Study B: Policing Contentious Parades and Protests in Northern Ireland 77 � Case Study C: Communication Models in Murder Investigation 79 � Conclusion 81 � CHAPTER 4: Crowd Dynamics and Public Order Policing 85 � A. Crowd Psychology and Public Order Policing 85 � B. Experiences of Policing Large Scale Football Events 87 � Conclusion 89 � 2 Adapting to Protest – Nurturing the British Model of Policing Contents � CHAPTER 5: Review of Public Order Units � 93 A. Public Order Capability of Forces � 93 B. Public Order Training � 98 Conclusion 105 � CHAPTER 6: Public Order and the Use of Force 109 � A. Findings of HMIC Adapting to Protest 109 � B. National Public Order Training and the Use of Force 111 � Conclusion 116 � CHAPTER 7: Facilitating Peaceful Protest – Framework for Police Decision-Making 121 � A. A Human Rights Compliant Framework For Public Order Policing 121 � B. Inappropriate Use of Police Powers 122 � 1. Use of Stop and Search Powers 123 � 2. Power to Require Name and Address 126 � 3. Police Use of Overt Photography 126 � CHAPTER 8: Governance and Accountability 143 � A. National Governance Structure 144 � B. Local Accountability: The Role of Police Authorities 151 � Conclusion 159 � CHAPTER 9: Recommendations 161 � APPENDIX 1: Reviews of Public Order Policing Operations 1974-2009 169 � APPENDIX 2: ACPO Public Order and Public Safety Briefing Learning Outcomes: Climate Camp (Blackheath) August 2009 187 � APPENDIX 3: Legal Framework for the Use Of Force � 191 � APPENDIX 4: Legal Framework for the Right to Protest in Public and Private Space 197 � APPENDIX 5: HMIC Consultation with Police Authorities � 211 � APPENDIX 6: Contributors to HMIC Policing Protest Review � 217 Adapting to Protest – Nurturing the British Model of Policing 3 KEY FINDINGS AND RECOMMENDATIONS At the majority of everyday public events, the British policing model is deployed successfully. But at a small number of more highly charged events, such as large scale protests, its core values are being tested and are in danger of being undermined. Merseyside 2008, “Hope Not Hate” – With kind permission of Diverse Magazine Key Findings and Recommendations Adapting to Protest demonstrated that it was time for scrutiny of the policing of protest as a serious and developing part of public order policing. This report asks the question “How best should the police as a service adapt to the modern day demands of public order policing while retaining the core values of the British model of policing?” The original British policing model the measured escalation in the resort to attributed to Sir Robert Peel is designed the use of force. to be adaptable to ensure the safety of the public and the preservation of the There are likely to be more highly charged peace within a tolerant, plural society. It protest events in the future. In the current places a high value on tolerance and economic climate, budgetary imperatives winning the consent of the public. will demand that forces increasingly rely Neither value should be underestimated. on each other for mutual aid and support. HMIC’s review confirms the resilience of It is imperative that where multiple forces the original British policing model, with its are supporting each other in a public approachable, impartial, accountable order operation, they have confidence style of policing based on minimal force. that they can rely on consistent use of Research in this country and overseas police powers and public order tactics, suggests that if nurtured, this policing techniques and equipment. This is model is well matched to deal with important now and will be increasingly so modern crowd dynamics. It is a model as we move towards the Olympics in 2012 that is worth celebrating. and beyond. The public have a right to know what they can expect. At the majority of everyday public events, this policing model is deployed Findings successfully across the United Kingdom. But at a small number of more highly The underlying reasons for failure to charged events, such as large scale deploy the British policing model protests, its core values are being tested successfully and consistently include: and are in danger of being undermined. • An absence of clear standards on The police service is very much on display the use of force for individual during these events and police conduct is officers operating in the public subject to intense levels of exposure and order policing environment: for scrutiny. The British model is easily eroded example, the use of shield tactics have by premature displays of formidable evolved informally with the result that public order protective uniform and some forces train officers in defensive equipment. Health and safety justifications and offensive shield tactics (including cannot be allowed to overwhelm the the use of the edge of a shield against careful exercise of police discretion and individuals) which are not nationally Adapting to Protest – Nurturing the British Model of Policing 5 Key findings and recommendations � recognised and clearly involve the use • � Lack of public order command of high levels of force by officers capability: depending on reliance on (Chapter 5, p. 104). individual force data or national data, between 16% and 22% of forces across • � A disconnection between individual England, Wales and Northern Ireland officer safety training and public cannot provide a minimal accredited order training: little attention is paid to the use of force by individual public order command structure officers in crowd situations, for (Chapter 5, p. 98). example the use of batons and • � Out of date training and guidance: distraction techniques (Chapter 6, the current tactics training manual was p. 118). written in 2004 and has not been revised since. ACPO has recognised • � A variation across forces in levels of the need for revision of the manual. understanding of the law and Work started over a year ago but is proper use of public order police currently incomplete. Knowledge powers: this weakness was demonstrated in a range of command transfer in today’s world needs to be documents and operational planning rapid and accessible. More practical across and was reflected in the mechanisms of disseminating accurate actions of officers on the ground in up-to-date knowledge need to be operations such as the Drax Climate developed. By way of illustration, Camp in 2006; the Kingsnorth Climate HMIC has devised a series of human Camp in 2008 and the G20 protests in rights compliant decision-making flow 2009. (Chapter 2, pp. 53 – 65). diagrams for protests in public and private space which can be used by • � Inconsistent approaches and tactics commanders when planning public across police forces: for example, order operations and when reacting to data collected from 22 forces of events on the ground (Chapter 7, p. 137). training on shield tactics indicates that � 19 forces train with intermediate and • Inadequate training in the law, round shields; 2 forces train with long including human rights and police shields and round shields and one public order powers: for example, force trains with all three shield types there is a lack of clarity around the role (Chapter 5, p. 100). and function of Forward Intelligence Teams (FITs). The role of FIT officer has • � Inconsistent equipment: there is no shifted significantly over the past few common standard for public order years, with FITs now often deployed in personal protection uniform across personal protective equipment and forces. There are currently two accompanied by photographers to separate procurement processes for identify and obtain information about the purchase of body armour, with protesters. The public order manual 21 forces supporting one process and does not explain the purpose for 13 forces supporting the other. Ten which this information is required. This forces have not opted to join either lack of clarity creates the potential for process (Chapter 5, p. 100) FIT officers to act outside their lawful powers (Chapter 7, p. 128). 6 Adapting to Protest – Nurturing the British Model of Policing Key findings and recommendations � • � Inappropriate use of public order And committed attempts by the police to powers: for example, the facilitate