11293 report 19 - CAIN - University of Ulster

policing in a peaceful societyRecommendation 61: Records on the Use of Emergency PowersPatten Recommendation:61. In the meantime, with immediate effect, records should be kept of all stops and searches andother such actions taken under emergency powers.Lead Responsibility: Chief Constable/GOCRecommendation StatusCompliance with this recommendation has been achieved.HistoryFollowing adoption of the Terrorism Act (2000) the Police Service took steps to implement theprovisions of the Act by issuing General Order 37/2001,The Terrorism Act 2000 – Human Rightsand Monitoring Issues. The Order outlines in detail the justification and procedures for all stopsand searches under an emergency and establishes a reporting and review responsibility for allstops/searches made under the Act. The order also includes specific responsibilities of the DCUcommanders for monitoring and administratively reviewing these reports. A new nondiscriminatoryPACE form was issued to record the number of stops, searches and seizures. Theform included a human rights checklist to be used by police officers. The general order also madePACE records available to the suspect if requested.Initially, progress by the Police Service in implementing this authority at the DCU level was slowand inconsistent. To improve effective implementation, the Police Service conducted two internalaudits that identified several problems requiring correction, including a significant variance incompliance with the administrative procedures set forth in the order. In October of 2004 thePolice Service amended the order in an attempt to standardise the procedures for the use,recording and monitoring of these powers and to ensure administrative review of stops andsearches are conducted and corrective actions taken where needed.Both the Police Service and the army have provided routine statistical reports on the use ofpowers under the Terrorism Act. The oversight team analysed the statistical reports for the lastseveral years and found a significant decline in the use of emergency powers by the Police Service.The use of emergency powers under sections 84 and 89 are now limited to specific terroristthreats that require pre-approval by a senior command officer. PACE authority, not emergencypowers are now used by police officers when conducting normal law enforcement operations.The army has provided similar reports demonstrating that emergency powers under the Act havealso declined during the last several years. For example, the use of stop and search powers undersection 89 has decreased from 9,873 searches in 2002 to 24 searches in 2006.77