Review On Policing At December 2nd Protest

[Updated with video] The Governor has released the review on the policing at the protests at the House of Assembly on December 2, 2016; with the Governor saying “the resulting review, carried out by a senior UK police officer, is now being published in full without redaction.”

The report was prepared by Assistant Chief Constable Chris Shead of the Thames Valley Police, who is currently seconded to the National Police Coordination Centre [NPoCC].

The report said the key findings are:

• Planning for this operation needed to have commenced earlier and been better informed through the provision of an appropriate, detailed threat assessment that enabled commanders to plan effectively and generate appropriate and proportionate tactical plans and contingencies.

• Appropriate protestor and stakeholder engagement strategies need to be adopted by BPS for all issues that may potentially result in protest.

• The ability of the BPS to exert effective command in potentially confrontational public order operations is limited by lack of exposure to this type of event and the availability of appropriate command training.

The Recommendations contained in the report were:

• 1. It is recommended that an appropriate planning process is established for all public order events well in advance of the event commencement date. The process should incorporate the establishment of a strategy, an appropriate and effective command structure and the development of suitable contingency plans. [2.1, 2.5, 3.4 & 3.5]

• 2. It is recommended that an overarching strategy be established and appropriately briefed to commanders for all long running disputes. [2.2]

• 3. It is recommended that clear guidance regarding record keeping and what policy logs should be maintained throughout the planning and implementation of public order events and introduce an audit process to ensure the direction is adhered to. [2.13]

• 4. To facilitate an effective response to future events, public order command training should be delivered to those who are likely to be placed in command positions. It is also recommended that the Force establishes the required numbers of trained commanders and the succession arrangements going forward, to help maintain resilience. [3.6]

• 5. It is recommended that consideration be given to reviewing how the BPS allocates command roles for public order events to ensure the most appropriate and experienced commanders are utilised in the most demanding roles [3.7].

• 6. It is recommended that consideration be given to the lobbying for additional appropriate legislation to assist in the management of protest and fill existing legislative gaps [4.5].

• 7. It is recommended that BPS review its approach to the use of threat and risk assessments to ensure greater specificity and enable them to inform the planning for public order and public safety events [4.8].

• 8. It is recommended that the BPS invest in protest liaison training and ensure a ‘no surprises’ communication strategy is adopted for future public order events [4.9].

• 9. It is recommended that consideration be given to the delivery of appropriate tactical training to the PSU and other appropriate personnel [4.15].

• 10. It is recommended that the application of public order tactics by the PSUs is reviewed and any lessons learnt incorporated into future training [4.15].

In releasing the review, Governor John Rankin said, “On 11 January I announced that I had agreed with the Commissioner of Police and following consultation with the Premier that, in line with best practice, the Police response to the protests at the House of Assembly on 2 December 2016 should be independently reviewed by a peer organisation.

“The resulting review, carried out by a senior UK police officer, is now being published in full without redaction. I welcome this independent assessment and the recommendations in the review, many of which have already been applied by the Commissioner of Police in the context of the House of Assembly meetings on 3 and 10 February. I am confident that the Commissioner and his team will continue to draw on the recommendations in the Review in their future work and planning.

“It should be noted that this review of police planning, command and tactics is separate from two investigations in respect of the protests outside the House of Assembly on 2 December: namely the police investigation into allegations of criminal conduct by those protesting and secondly the investigation into complaints brought against police officers which have been referred to the Police Complaints Authority.”

Update 3.30pm: 20-minute video of the Police Commissioner’s press conference

Update 3.39pm: Minister of National Security Jeff Baron said, “I have received the Report and will be reviewing it and the recommendations. It will be important for the Ministry of National Security to identify where we can support the Commissioner and the Bermuda Police Service in addressing those recommendations.

“This review by an experienced, public order professional of the events of December 2nd 2016 forms an important benchmark for how we strike the appropriate balance between the right to peacefully protest and the need to ensure law enforcement has the tools required to maintain public order and public safety. Where recommendations relate to amending or drafting legislation I look forward to discussing those with the Commissioner and in Cabinet.

“As the Report indicates, December 2nd was “challenging day for the Bermuda Police Service”, and a day on which officers also “..showed resilience..”. Clearly there are lessons to be learned and I endorse the overarching theme of the Review that its findings “should be viewed as an opportunity to develop enhanced capability and capacity within the Bermuda Police Service.”

The full review is below [PDF here]

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