Deaths in police custody

Covering Report: 7
Date: 11 October 2001
By: Clerk

Summary

This covering report should be read in conjunction with the Commissioners report on deaths in police custody.

Members will recall that the Full Authority meeting on 20 September 2001 commissioned four papers related to issues raised by concerns over deaths in police custody. These are:

1. A paper on the MPS policy and national guidelines on the suspension of officers. (This is touched on in the accompanying paper but will cover the full range of circumstances under which the suspension of an officer will be considered.
2. A paper on the reform of the Police Complaints Authority and the MPA’s input into developing policy arising from evaluation of pilot projects. (Clerk’s papers).
3. A log of outstanding issues raised by the families of those who have died in police custody.
4. An analysis of developments in MPS policies and practices in respect of deaths in police custody since the publication of ‘Lessons from Tragedy’ and a consideration of whether a formal review is needed.

In parallel, Consultation, Diversity and Outreach (CDO) and Professional Standards and Performance Monitoring Committees have both been considering interim papers on deaths in police custody: the attached paper (item no. 7) goes some significant way to meet the MPA requests for a position paper as set out at (d ) above. Members will want to consider whether the full authority will find the material sufficiently comprehensive to allow them to make recommendations to the Authority on whether to commission a more formal review. CDO Committee Members will also want an opportunity to consider the paper and form a view about the next steps.

Background papers

None.

Contact details

Report author: The author of this report is Catherine Crawford, Clerk to the MPA.

For information contact:

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

Deaths in Custody

Report: 7
Date: 11 October 2001
By: Commissioner

Summary

This report outlines how the MPS responds to, and investigates, deaths in police custody and discusses related issues such as suspension of police officers and the impact of such deaths on the person's family and community.

A. Recommendation

Members are asked to note the content of this report and discuss issued raised

B. Supporting information

Definition of a death in police custody

1. There are two defined categories of this by the Home Office and these are attached at Appendix 1.

Current MPS response to deaths or potential deaths in police custody

2. All deaths or potential deaths in police custody are clearly identified as being Critical Incidents. The definition of a 'critical incident' being:

Any incident where the effectiveness of the police response is likely to have a significant impact on the confidence of:

• the victim
• their family
• and/or
• the community

The Internal Investigation Group from the MPS Department of Professional Standards is responsible for investigating such Critical Incidents.

The Internal Investigation Group

3. As part of the Internal Investigations Command, the group is led by a Detective Superintendent with four investigation teams, each consisting of:

• 1 detective Inspector
• 5 detective sergeants
• 5 detective constables.

4. Each investigation is led by one of the three Detective Chief Inspectors who perform the role of Senior Investigating Officer. The unit has a pan-London responsibility and 24-hour on-call capability to respond to any death or potential death in police custody. The investigation teams are fully trained and have the resources to respond to those incidents with the highest levels of professionalism, ability and compassion:

• There is a minimum of 2 fully trained Family Liaison Officers on each team. These Family Liaison Officers are co-ordinated by our own FLO co-ordinator with an oversight by the Racial and Violent Crime Task Force.
• All officers on the Group of Inspector rank and above have attended the National Senior Investigating Officers course.
• Officers have attended the various levels of Critical Incident training from level 1 for all officers to level 3 for Senior Investigating and ACPO officers.

5. The Internal Investigation Group has its own procedure manual for these unique investigations, which is based on the model used in homicide and un-explained death investigations. The manual ensures a consistent and professional response is given to these investigations. It also distils good practice and lessons learnt from past investigations whilst also linking to national police policies such as the ACPO Manual of Guidance on Police use of Firearms.

The inquest coroner's court

6. The law concerning the jurisdiction of a coroner is laid out in Section 8(1) of the Coroner's Act 1988:

'where a coroner is informed that the body of a person ("the deceased") is lying within his district and there is reasonable cause to suspect that the deceased has died a violent or an unnatural death then, whether the cause of death arose within his district or not, the coroner must inquire touching the death of such person aforesaid.'

5. The coroner will hold an inquest, the purpose of which is set out in Rule 36 of Statutory Instrument 1984, Number 552:

'1) The proceedings and evidence at an inquest shall be directed solely to ascertaining the following matters, namely:

1. who the deceased was;
2. how, when and where the deceased came by his death;

2) Neither the coroner nor the jury shall express an opinion on any other matter.'

6. Strengths

• The coroner's court enables the family to be given an account of how their loved one came by their death.
• The coroner can identify issues that can be brought to the attention of the relevant authority to help prevent further tragedies.

7. Weaknesses

• Families are not able to obtain legal aid for legal representation at an inquest.
• Although a search for the truth, the court can become adversarial.
• Disclosure rules are not the same as in a criminal case, which can cause some confusion for those involved in the inquest.
• A witness does not have to answer any questions, which may incriminate them. This may lead to a belief that a witness could be hiding something.
• A verdict of unlawful killing does not automatically lead to a criminal trial.

8. The coroner's court system is designed to deal with registering the death of a person. Expectations of families in some cases may not be able to be met from the current inquest system.

Police Complaints Authority

9. When responding to a Critical Incident, which a death in custody is likely to be, the Senior Investigating Officer from the Internal Investigations Group will contact the appropriate member of the Police Complaints Authority. If a public complaint is made in regard to such incident, the investigation becomes a mandatory referral for supervision by the Police Complaints Authority. It is, however, the policy of the Metropolitan Police Service to voluntarily refer all such investigations to the PCA under Section 71 of Police Act 1996. The Police Complaints Authority is an independent body that was set up under statute to enhance public confidence in the system for investigating complaints against the police. It has two principal roles:

• to supervise police investigations into complaints alleging serious misconduct or incidents of public concern, and
• at the conclusion of all investigations to undertake an independent review of the evidence to determine whether any police officer should have his or her conduct referred to a misconduct hearing. The PCA is to be abolished under current legislation. This is the subject of a separate report commissioned by the full Authority.

Decision making processes

10. The Senior Investigating Officer at the conclusion of the investigation will submit their report to the Director of the Department of Professional Standards. The report will then be submitted to the coroner, Crown Prosecution Service and the Police Complaints Authority who will issue an interim certificate of satisfaction with the investigation. The Crown Prosecution Service then considers the case prior to the inquest. If no criminal proceedings are instigated at that time then the coroner's inquest will take place. At the conclusion of the inquest, the Crown Prosecution Service will consider the case further and then make a final decision in regard to whether any criminal matters should be addressed.

11. Once the CPS have reached their conclusions, the Police Complaints Authority review the investigation and make recommendations. The PCA inform the relatives and the police of their decisions in relation to the incident.

12. The Metropolitan Police Service ensures that the relatives of the deceased are kept updated with the progress of the investigation and supplies relevant documents, copies of witness statements, etc as directed by the coroner prior to the inquest.

Particular deaths which may have an impact on the persons family or community.

13. If the Metropolitan Police Service is to secure the confidence of the communities it serves, it must ensure the response to Critical Incidents is appropriate and effective. The Internal Investigation Group has developed a range of strategies to build and maintain the trust of individuals, families and communities. Key to this is early contact with the Racial and Violent Task Force who are able to identify suitable independent advisors. In many cases, oversight of the incident is managed through a 'Gold Group' including members of the investigation team, local and senior officers and appropriate local independent advisors.

14. A death in police custody is a distressing event for all those touched by the tragedy. The police service has a duty to protect the public and uphold the law, but must be held accountable to the public in the way in which this duty is discharged. It is quite right, therefore, that deaths in police custody are fully examined and investigated. Each case is subjected to the rigours of a modern police major investigation utilising the full range of resources and skills available.

15. The Metropolitan Police Service recognises the importance of meeting the needs of families in such tragic circumstances. The mission statement of the MPS Family Liaison Policy and Fundamental Guidelines states:

"One of the most important considerations throughout any investigation into a sudden, violent or unexplained death is the relationship between the family and the police. Families will be considered as partners in an investigation. Families must be treated appropriately, professionally, with respect and in accordance with their diverse needs. This principle must be reflected at all levels of the police service." [1]

16. The Metropolitan Police Service will assist the family with the procedures and complexities of the system by the approach taken during the investigation and in the provision of Family Liaison Officers. Specially trained, the Family Liaison Officers seek to build supportive partnerships with the family. They will provide timely information; assist in explaining procedures and provide practical support.

17. In some cases, the family will appoint their own legal advisor or representative. The Metropolitan Police Service sees the involvement of such intermediaries as an opportunity to build on the partnership between the police and family. Appropriate strategies will be put in place during the investigation to meet the needs of the family and build the effective communication required to satisfy their requirements.

18. The criminal justice system incorporates a number of agencies tasked with the administration of justice. The Police Complaints Authority supervises the investigation of an incident, the Crown Prosecution Service considers the criminal aspects of the case, and the coroner investigates the circumstances surrounding the death. The criminal justice system can be perceived as bewildering and bureaucratic. It is important, however, that the system is capable of providing a rigorous and robust test of the facts with justice being fairly administered.

19. On occasion, the Metropolitan Police Service or Police Complaints Authority recognise the need for a higher degree of independence in particularly sensitive enquiries and can request an outside police service to take over the investigation. The independence of the Internal Investigation Group within the MPS and recognised advances made by the service in addressing Critical Incidents, have reduced the number of investigations that have been referred to other forces to investigate. That said, referral to an outside force is always an option when the circumstances give rise to community concerns, or where there are other reasons why this course of action may be appropriate.

Considerations

20. Aspects of the criminal justice system are perceived as not meeting the needs of many of the families involved in deaths in custody.

21. There may be a role for MPA members to assist in improving communication between families and the criminal justice agencies. This could be through the link member scheme, standing committees or ad hoc involvement.

22. The government has accepted reform of the PCA. The MPS is assisting the Home Office in pilot projects [2] evaluating the proposed new system for the handling of police complaints. MPA Members will be kept up to date with the progress and findings of the Home Office evaluation when available (reports scheduled for March 2003).

Information provided to the family

23. Metropolitan Police Service policy in regard of pre-inquest disclosure in deaths in police custody is outlined in Special Notice 13/99 dated 28th June 1999. A copy is attached at Appendix 1, which was drawn up in accordance with Home Office guidelines.

24. The disclosure of significant information is an important means of developing confidence and trust with families and advisors. Where there is no good reason to withhold information, the presumption is to include the family, thus ensuring the investigation is conducted with openness and accountability.

25. Refusal by police to disclose documentation before an inquest can lead to suspicion that police have something to hide and in some cases may lead to unnecessarily long hearings and additional adjournments.

26. All documentary material obtained during an investigation into a death in police custody is the property of the investigating force. The coroner has no power to order disclosure and only limited power to prevent it. Disclosure is on a voluntary basis, but in all cases the coroner will be consulted.

27. Consent of a witness is required for the disclosure of their statement taken during an investigation. This must be explained to the witness providing the statement and a short declaration included at the beginning, signed by the maker. The witness, however, is not obliged to give consent.

28. It must be made clear to the interested parties receiving pre-inquest disclosure that the material is provided solely for preparing for the inquest. A signed undertaking of confidentiality will be obtained before the material is disclosed. The material should not be handed over if this is refused.

29. In criminal court cases, disclosure is governed by legislation through the Criminal Procedure and Investigations Act 1996. In contentious cases at a coroner's court, the current guidelines may not provide the necessary confidence to the interested parties. A more robust disclosure system for inquests may provide increased confidence to all parties involved.

Advice that Police Federation solicitors give to their members

30. There is a fundamental right in law to a right of silence and the caution given sets this out:

"You do not have to say anything. But it may harm your defence if you do not mention when questioned something that you later rely on in court. Anything you do say may be given in evidence."

31. Police Federation members clearly have the same rights and protections as afforded to any other member of society, including the right to legal advice.

32. The right to silence is a fundamental right, and erosion of that right may be subject to challenge either through UK legislation or through Human Rights.

33. Under criminal law, adverse inference can be drawn from refusal to provide an account, but only in certain circumstances. A potential conflict between the needs of the organisation and the individual may arise where one party is anxious to hear an account of what has happened, but an officer quite rightly exercises their right to silence. A tension may be created.

Discussion

34. There are two parts to this debate:

• On one side officers invoke their fundamental rights enshrined in the law to a right of silence. The officer may feel vulnerable to civil or criminal legal systems and quite correctly uses the protections afforded within those systems.
• On the other side, families are looking for answers to their questions. If officers have nothing to hide, then why not provide an account.

35. The issue here is how can these two polarised views be reconciled to the satisfaction of all? This is a debate the MPA may wish to contribute to.

Suspension policy in relation to deaths in police custody

36. The Director of Professional Standards will consider suspending from duty any officer involved in a death in police custody whilst the matter is fully investigated. The impact of whether to suspend or not is likely to have wide reaching implications for the individual officer, the MPS and the public. The decision is carefully considered by the Director based on the available evidence and with due consideration to other relevant factors which would include any concerns for the community. The decision to suspend is subject to monthly review by the Director, although fresh evidence from the investigation can initiate a review at any time.

37. Options other than removing an officer from duty can also be considered. Each case is considered on its merits, but removing an officer from normal operational duty is one alternative to a full suspension.

38. In the cases of fatal police shootings or fatal accidents involving police vehicles, MPS policy is that officers are automatically removed from operational firearms or driving duties during the investigation.

Learning the lessons from deaths in police custody

39. The impact of a death in police custody on the relatives of the deceased, the police officers involved and the community cannot be adequately expressed in the pages of a report. The Metropolitan Police Service has moved forward in the way it deals with critical incidents, but there may be more to do. The MPS is taking proactive action to reduce the number of deaths in police custody. One death in the care of police will always be one too many. Some of the initiatives to implement lessons learned from the tragedy of deaths in police custody are outlined below:

• Police officers have been made more aware of some of the conditions, which may lead to erratic behaviour. Training has been amended to enable officers to recognise and deal with the early warning signs that may be precursors to serious medical conditions.
• The video "Preventing Deaths In Custody" has been produced by the MPS and circulated to all officers. The video has attracted interest from Police Services around the country.
• A project introducing medically trained nurses into custody suites is currently being piloted at Charing Cross police station.
• At the conclusion of all investigations into deaths in custody, recommendations are made, where appropriate, to prevent such tragedies occurring again. Only recently, cell lighting design was altered following a flaw identified during the investigation into the tragic hanging by a detainee.

40. The success of this work has seen the numbers of recorded deaths in police custody fall in recent years, as shown below in the graph and table.

Graph available from Secretariat, MPA.

Conclusions

41. It can be seen that there are a number of areas where further development or reform could improve the system for dealing with deaths in custody.

42. Building better communication with families involved in tragedies is a critical to the way the MPS deals with deaths in police custody. The MPA may wish to examine how it is able to assist in the development of these strategies.

43. Reform and improvement of the criminal justice system can be achieved through a variety of means. The MPS is assisting in the pilot schemes with the PCA looking at reform for the police complaints system. This is but one example where the MPA may wish to contribute to the debate.

C. Financial implications

There are no direct financial implications associated with the contents of this report.

D. Background papers

None.

E. Contact details

Report author: Detective Superintendent Chris Bourlet & A/Detective Chief Inspector Julian McKinney, Internal Investigation Group, MPS.

For information contact:

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

Appendix 1: Home Office Definitions of Death in Police Custody.

Category A

Where the deceased is in police detention as defined by section 118 (2) of PACE 1984. That is, for the purpose of the act:

• he has been taken to a police station after being arrested for an offence, or
• he is arrested at a police station after attending voluntarily at the station or accompanying a Constable to it,

and is detained there or is detained elsewhere in the charge of a constable, except that a person who is at a court after being charged is not in police detention for those purposes.

This category also encompasses deaths of those under arrest who are held in temporary police accommodation or have been taken to hospital following arrest. It also includes those who die, following arrest, whilst in a police vehicle.

Category B

Where the deceased was otherwise in the hands of the police or death resulted from the actions of a police officer in the purported execution of his duty.

This category includes, for example, deaths that occur:

• when suspects are being interviewed by the police but have not been detained.
• when persons are actively attempting to evade arrest.
• when persons are stopped and searched or questioned by the police.
• when persons are in police vehicles (other than whilst in police detention).
• when persons are in police custody having been arrested by officers from a police force in Scotland exercising their powers of detention under section 137(2) of the Criminal Justice and Public Order Act 1994.
• when persons are in police custody having been arrested under section 3(5) of the Asylum and Immigration Appeals Act 1993.
• when persons are in police custody having been served a notice advising them of their detention under powers contained in the Immigration Act 1971.
• when persons are convicted or remanded prisoners held in police cells on behalf of the Prison Service under the Imprisonment (Temporary Provisions) Act 1980.
• when there is a siege or ambush.
• when persons are in the care of the police having been detained under the Mental Health Act.
• when children or young persons are in police detention under the Children Act 1989.

The two categories of deaths are designed to distinguish between deaths that occur when a person is detained by the Police, and those that occur otherwise within the hands of the police.

The categories of death to be reported exclude:

• Those attending police stations as innocent visitors or witnesses who are not suspects and whose attendance is unconnected with their arrest.
• Those who have left a police station, whether freely or on bail (except when taken to hospital).
• Those involved in a fatal road traffic accident involving the police, and
• Those that occur in a police vehicle that is being used as an ambulance to transport a dying person to hospital quickly but not under circumstances as described under Category A.

These lists of examples are not exhaustive.

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