MPS Health and Safety trial

Report: 2
Date: 22 November 2007
By: the Assistant Commissioner Operational Services on behalf of the Commissioner

Summary

The purpose of this report, requested by Chair Len Duvall on 19 November is to provide an update on the recent MPS Health and Safety trial. It includes

• Background to the trial
• Issues from the trial
• Operational impact

A. Recommendations

That members note this report.

B. Supporting information

Background

1. The Metropolitan Police Service was summonsed for failing to discharge a duty under Section 3 Health Safety Act 1974 in relation to the circumstances leading up to the death of Jean Charles de Menezes at Stockwell Underground Station in July 2005.

2. The prosecution alleged 19 failings by the MPS. ( Appendix 1) It was not necessary for the prosecution to prove all 19 failings for a finding of guilt against the MPS.

3. The MPS pleaded not guilty and defended its actions because it believed, with supporting legal advice, that it was not guilty in law and that a finding of guilt could hamper its ability to protect the public when dealing with certain terrorist and other armed critical incidents in the future. Using health and safety legislation against the MPS in this operational context raised important issues that needed to be tested in law.

The Trial

4. The trial began at the Central Criminal Court on 1 October and concluded on 2 November. Ronald Thwaites QC represented the MPS as lead counsel.
5. The defence strategy was to disprove all 19 failings through the cross- examination of prosecution witnesses and evidence in chief from defence witnesses.

6. The defence did not seek to portray Mr de Menezes in a negative light. The evidence introduced by the prosecution about his immigration status and cocaine use had a direct relevance to the way Mr de Menezes was likely to react when confronted by police. It was considered to be perfectly proper that this information was elicited from witnesses. As Mr Thwaites made clear in his closing speech ‘I don’t want to attack the character of Mr de Menezes. That’s not my role. There’s a prohibition on that too. The Commissioner has said: can’t go there, can’t do that.’

Post Trial

7. On 2 November, the MPS were found guilty of failing to discharge a duty under Section 3 Health Safety Act 1974. When delivering the verdict the jury forewoman said that they ‘attach no personal culpability to Commander Dick’. Prior to passing sentence, the judge made a number of comments in relation to the case.

8. The Judge stated this was, ‘an isolated breach brought about by extraordinary circumstances,’ and that the MPS has a good safety record. He stated that he was not naming any individuals as having failed. He also identified a number of officers involved in this case who had behaved with exemplary bravery.

9. In sentencing the Judge ordered a £175,000 fine with £385,000 costs.

10. A decision has been taken not to appeal the finding of guilt, taking into consideration the delay this would have on the inquest and the impact this would have on the de Menezes family. A further consideration is the distracting effect an appeal could have on the Service as a whole.

11. The trial and the subsequent comments by the judge during both his summing up and post sentence address, allow the organisation to draw down the focus to four specific areas of the Stockwell operation, rather than the 19 identified by the prosecution. These areas are:

• The strategy
• The briefings
• The location of the firearms team
• Command and control

Operational Impact

12. On 14 August 2007, during a pre-trial hearing, Mr Justice Henriques made a ruling in terms of the scope of risk to be considered in the trial. Consequently, an Operational Impact Reference Group, chaired by AC Yates was formed. Its continuing role is to consider the extent to which the guilty verdict and subsequent comments by the judge will materially effect police operations. The group’s terms of reference are, ‘to consider the operational implications to the MPS, National policing and the broader policing family on a finding of guilt under Section 3 Health and Safety Act 1974 in relation to the Stockwell incident.’

13. As a subset of this group, but to run in tandem with its main findings, AC Yates has commissioned a further piece of work to ensure that existing and future operational procedures fully consider and incorporate safety management. The overall aim of this project is to identify current MPS policy regarding safety systems, examine how those are interpreted into Standard Operation Procedures (SOPs) by Business Groups and how these applied in practice by operational OCUs. The project will also consider whether the administration supporting operations enhances and develops safety management systems and that the training delivered is relevant and cohesive.

14. The Association of Chief Police Officers is also considering the operational implications of this ruling at a national level. It is anticipated that a paper will soon be submitted to the National Policing Board (NPB), chaired by the Home Secretary, in the near future.

15. In the two and half years since the shooting, the MPS has made major progress in the areas recommended for review by the IPCC, particularly around armed operations, communications, surveillance and Operation KRATOS.

16. In September 2007, her Majesty's Inspectorate of Constabulary assessed our progress against the 16 recommendations made by the IPCC.

17. The finding of the Inspectors was that the MPS has, 'Examined every aspect of operations pertinent to the recommendations', that the MPS's 'learning has been profound and has been developed and implemented in various ways' and that the progress in implementing changes is 'significant, sustainable and often innovative'.

Public Inquest

18. A date for the inquest is not known at this stage but it is expected to be in 2008. A pre-inquest hearing will take place on 7 December at Southwark Coroners Court.

19. Michael Mansfield QC has represented the family of Jean Charles de Menezes at previous hearings. Lead Counsel for the MPS has not been appointed at this stage.

20. Witnesses who did not give evidence at the Health and Safety Trial, including the principal officers and tactical advisors, are likely to be called.

 C. Race and equality impact

Any changes to operational planning in relation to Health and Safety management has the potential to impact on community relations. The Operational Impact Reference Group will take race and Equality Impact into consideration.

D. Financial implications

1. The following financial implications have been identified at this stage.

• £175,000 fine
• £385,000 prosecution costs
• £600,000 defence legal costs

2. In addition, any changes in procedure post review may result in additional costs; these will be detailed in the subsequent report.

E. Background papers

HMIC report -  ‘HMIC Review into MPS Implementation of Stockwell 1B Recommendations’

F. Contact details

For more information contact:

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

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