'Lessons From Tragedies' - update

Special Meeting: Deaths in Custody
Report: 5
Date: 18 January 2002
By: Commissioner

Summary

The report outlines the current position in regard to the Metropolitan Police Service response to the 22 recommendations made in the 1996 Lambeth Community Police Consultative Group report.

A. Recommendations

Members are asked to consider the report.

B. Supporting information

Introduction

1. This paper builds on the paper titled 'Deaths In Police Custody' previously submitted to the Professional Standards and Performance Committee on 11th October 2001 and Consultation, Diversity and Outreach Committee on 15th November 2001. This report is attached as Appendix A.

2. 'Lessons from Tragedies', produced by a working group from the Lambeth Community-Police Consultative Group in 1996, made 22 recommendations regarding deaths in police custody. The recommendations are outlined in below together with the current position on these issues.

Ethnic origin of recorded deaths in police custody 1986-1995

1. Recommendation 1 The Metropolitan Police Service publishes as soon as possible a full breakdown of ethnic origin of all recorded deaths in police custody 1986-1995, when the information becomes available.

2. Update: The ethnic origins of the deceased in deaths in police custody are recorded and reported to the Home Office.

Criteria for Metropolitan Police Service statistical recording

3. Recommendation 2 The Commissioner publishes the criteria used in the compilation of the Appendix 'Deaths in police custody or otherwise' in his Annual Report and notes amendments when they occur.

Update: Deaths in police custody are recorded as per the Home Office definitions. The definition of a death in police custody is currently subject to consultation in a Home Office review.

Persons arrested for being drunk and disorderly

4. Recommendation 3 Members of the Lambeth Community Police Consultative Group jointly with the Panel of Lay Visitors for Lambeth establish a separate, more detailed study of alternatives to police custody for persons arrested for being drunk and disorderly.

Update: This remains outstanding.

5. Recommendation 4 Under no circumstances should a person arrested for being drunk and disorderly or drunk and incapable be placed in a cell with another detained person.

Update: The Police and Criminal Evidence Act Codes of Practice state, "So far as is practical, not more than one person shall be detained in each cell". This principle forms the basis of MPS procedures and is taught on the Custody Officers course at Hendon.

Suicides in custody

6. Recommendation 5 The Metropolitan Police Service note the steps recently taken by HM Prison Service to reduce the number or suicides in prison and adopt appropriate practices.

Update: Reducing deaths in police custody is one of the key issues addressed through the 'Medical Care of Prisoners Working Group' which brings together a broad range of professionals to develop policy and procedures to improve care of people in police custody. The membership of this group is currently under review. Two examples of the work undertaken by the group include:

• Video: 'Preventing Deaths in Custody' which identifies some of the common themes arising from deaths in custody to help reduce future tragedies.
• Custody Nurses: A pilot is being conducted where following initial training, six Custody Nurses and a Custody Nurse manager have been working along side the Custody Sergeant at Charing Cross police station. It is expected that the response times for medical assistance will be reduced with more effective use being made of the Forensic Medical Examiner's time. With improved initial medical assessment, it is hoped to reduce the potential for deaths in police custody. Following favourable initial assessment, the scheme has been extended and may be introduced elsewhere following a full evaluation.

CCTV in custody areas

7. Recommendation 6 All Metropolitan Police Service designated custody centres be equipped with CCTV and that it cover the charge room, cell passage(s), van bay, fingerprint room and interview room(s). We do not recommend installation (in the initial phase) of cameras in every cell or in the Forensic Medical Examiner's Room until more research has been undertaken and the civil rights considerations fully explored.

Update: The Metropolitan Police Service is currently rolling out a programme of providing CCTV in custody areas. To date 23 sites have been installed with cameras.

8. A new design of police cells is also being rolled out across the MPS. The 'Concept Cells' have been installed at the new cell complex at Romford Police Station and in the additional cells newly built at Hornsey. The new design improves sight lines, reduces potential ligature risks and reduces maintenance costs. Further concept cells have been installed at other locations where possible during rebuilding or refurbishment work. Plans are progressing to install the 'Concept Cells' at the new stations in Sutton, Lewisham and Bromley. It is expected that a complete MPS wide changeover to concept cells may take up to 10 years. In the interim a program of removing risk factors from existing cells is continuing.

9. Recommendation 7 Lay Visitors be given the right to request and review any videotape not required for evidential purposes, for viewing at a police station.

Update: Metropolitan Police Service policy is contained in Notice 20/01, which explains the role of lay visitors. It states, "The introduction of CCTV into custody suites has raised the question of whether custody visitors should have access to footage. This is ultimately a matter for local discretion but the Home Office view is that custody visitors should carry out their functions in person and not by viewing CCTV pictures or recorded footage. Their role is fundamentally interactive with both detainees and police staff and cannot be discharged remotely. There may also be issues about infringing the privacy of detainees who have not consented to visitors observing them using CCTV. However, where specific incidents or circumstances arise as issues and have been captured on CCTV, visitors might reasonably be allowed access where both the police and detainee(s) concerned consent"

10. Recommendation 8 One designated and clearly marked cell in each custody area be equipped with CCTV for occupation by detained persons believed to be at risk.

Update: Placing CCTV in cells is being piloted at Kilburn. The project has considered the balance between privacy and protection. Guidelines suggest that 2 cells are video equipped for covering the most vulnerable detainees.

CCTV in police vehicles

11. Recommendation 9 CCTV be fitted in all police vehicles used primarily for the conveyance of detained persons.

Update: A project was initiated at Lambeth to address this issue. Two vans based at Brixton are equipped with video equipment. The equipment is now becoming dated. A new van fitted with modern digital video systems is due to be trialled in January 2002. In the interim, cages have been introduced in to vans and windows fitted at the side to reduce public concern when conveying prisoners.

Stereotyping of behaviour

12. Recommendation 10 Metropolitan Police Service training policies be reviewed and amended where necessary to ensure that police officers avoid stereotyping behaviour and be made fully aware of the more common conditions likely to give rise to erratic behaviour and how to deal with it.

Update: Metropolitan Police training has been reviewed. Officer Safety training addresses issues such as positional asphyxia, excited delirium and mental illness and gives clear instructions that these cases are medical emergencies to be responded to immediately. Notice 12/99 'Dealing with violent mentally ill people and/or those exhibiting drug induced violent behaviour' gives instructions about the care of violent people who are also medically vulnerable.

Extension of jurisdiction of Police Complaints Authority

13. Recommendation 11 The Secretary of State be requested to review the jurisdiction of the PCA in cases of deaths in custody to include Special Constables, civilian gaolers and civilians employed in the escort and transport of detained persons between police stations and Magistrates' Courts.

Update: This recommendation to change the complaints system forms part of the government review of policing currently under consultation.

Appointment of a Liaison Officer

14. Recommendation 12 An officer of at least the rank of Inspector should be appointed immediately to act as Liaison Officer with the family of the deceased person.

Update: The Metropolitan Police Service has embraced the principle of Family Liaison. The first Family Liaison Officers were trained by Avon and Somerset police in 1999. Officers are now routinely deployed to support a family following a death in police custody.

Fact Sheet

15. Recommendation 13 The Metropolitan Police Service produce a Fact Sheet for the families of persons who die in custody with details of procedure, investigatory process and explanation of terms. The sheet should also explain the importance of appointing a solicitor immediately, the selection of an independent pathologist and where other assistance and counselling might be obtained.

Update: Family Liaison Officers receive training regarding the advice and information to be given to the families of persons who die in police custody. The Home Office pack 'Information for families of Homicide Victims' is a useful source document.

Disclosure of investigation evidence at Coroner's Court

16. Recommendation 14 Encouragement be given to the Coroner's Society to provide advice to its members requiring the disclosure of evidence arising from investigation of the death to the family of the deceased.

Update: Metropolitan Police policy on pre-inquest disclosure has been revised and is based closely on the Home Office circular 20/1999.

Arrangements for appeals for witnesses

17. Recommendation 15 In all early contacts with the media following a death in custody, in addition to investigating officers making direct appeals for witnesses to come forward, members of the public should, if in doubt, be encouraged to seek the advice of a solicitor, or in strictest confidence speak to a leader of a relevant community organisation, to a priest or religious leader, or to a person of similar position who would be able to assist.

Update: The development of the Racial and Violent Crime Task Force has led to the formation of independent advisory groups and closer liaison with community groups. The active search for witnesses is recognised as one of the critical success factors in achieving a thorough investigation. Investigating officers recognise the importance of seeking witnesses through a variety of ways including the use of independent advisors and community members.

The Role of Lay Visitors

18. Recommendation 16 A visit by Lay Visitors to the police station should take place at the earliest opportunity in order to speak with other detainees and reassure them if the death occurred while they were also in custody. The Lay Visitors may, if necessary, issue a statement and seek to calm public concerns about other persons who might be in custody. Above all, a visit by independent people in the aftermath of a death is considered to be essential.

Update: MPS policy is to inform the Lay Visitors panel of the incident to enable them to visit the custody suite and provide the appropriate reassurance. This principle was put into practice only recently following a death in police custody in Lambeth.

Training for Consultative Group Members

19. Recommendation 17 The London Police Community Consultative Group Forum in conjunction with CO20 Branch of the MPS be invited to prepare a Training Pack for the assistance of C-PCG members. Within the training pack it should be recognised that although death might occur while a person is in the care or custody of police in one Division, the deceased might be from elsewhere and that the ensuing tension might be more deeply felt in the 'home' area.

Update: The Racial and Violent Crime Task Force provides some training for independent advisors on issues such as Human Rights and crime and disorder. Opportunities exist to attend critical incident training. There is not currently a training pack specifically designed for community police consultative groups on the topic of deaths in police custody.

Police Liaison with Campaign Groups

20. Recommendation 18 The Metropolitan Police Service encourage Divisional Commanders to develop relationships with campaign organisers and ensure they are kept informed of developments in the investigation. Divisional Police should also be understanding of local feelings and ensure due tolerance in the policing of demonstrations, marches and vigils.

Update: The Metropolitan Police Service recognises the value of building trust with the community developing greater openness and transparency. Many Borough Commanders have formed independent advisory panels, which have developed a partnership approach to dealing with a wide range of policing issues. Such relationships have demonstrated their worth in the aftermath of dealing with a death in police custody.

Improved media training

21. Recommendation 19 Police officers be given training in communicating news of a sensitive nature, such as a death in custody, together with guidance on the preparation of a text, including advice on the need to address issues concerning the death within their broader context.

Update: The Metropolitan Police Service has adopted the national Senior Investigators Course, which includes training on media and family liaison issues.

'Suspension' of police officer(s) from duty

22. Recommendation 20 A senior officer be authorised to consider immediate removal of officer(s) from duty following a death in custody. However, unless warranted, rather than this being full suspension from membership of the Force we believe it should take the form of automatic relief from duty and be subject to periodic review (for example, subject to circumstances, not less than every 7 days and not more than every 28 days).

Update: Following a fatal police road traffic accident, or a fatal police shooting, officers are automatically removed from police driving or firearms duties. In other circumstances, automatic removal from duties is an option particularly in traumatic circumstances. A system of review is in place. MPS suspension policy is based on Police Regulations and Home Office guidance.

Criteria for 'relieve and review'

23. Recommendation 21 The Metropolitan Police Service Instruction Manual be amended to reflect the ACPO paper, but additionally include 'community concern' as a factor to consider. Thus, the three points of consideration for making a decision to relieve from duty would be:-

• welfare of the officer(s) concerned;
• possibility of criminal or disciplinary proceedings; and
• level of community and family concern.

The periodic review would then look to see if the situation with regard to any of the three aspects had changed in such a way as to allow full reinstatement of the officer(s) concerned. If at any time within the review period it became apparent that full suspension of the officer(s) was appropriate then that course of action should be adopted immediately.

Update: MPS suspension policy is based on Police Regulations and Home Office guidance as stated above.

Consultation with Community Representatives

24. Recommendation 22 The mechanism for consultation by local Divisional Commanders following a death in custody, include liaison with appropriate representatives of the community who might include, for example and subject to circumstance, Members of Parliament, local Councillors, the Chairperson and members of the local Police Community Consultative Group, or representatives of a Racial Equality Council, religious groups, youth organisations, campaign groups, or similar.

Update: The MPS understands the value of including members of the community with the police in the strategic overview following a critical incident. The mechanisms involved can be both formal and informal, but are now a fundamental part of a more open and transparent style of policing.

C. Financial implications

None.

D. Background papers

'Lessons From Tragedies' (1996) Lambeth Community-Police Consultative Group Furnival Press London.

E. Contact details

Report author: D/Supt Bourlet, MPS.

For information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

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