MPA – letter to Attorney General about health and safety prosecution of MPS

46/06
4 August 2006

The Metropolitan Police Authority has written to the Attorney General, the Rt Hon The Lord Goldsmith QC, about the Crown Prosecution Service (CPS) decision to prosecute the Metropolitan Police Service for an alleged breach of the Health and Safety at Work Act 1974, arising out of the investigation into the death of Jean Charles de Menezes on 22 July 2005.

Reshard Auladin, deputy chair of the MPA, said:

“The MPA expressed grave concerns about this proposed prosecution at our meeting on 27 July 2006. All members agreed to write to the Attorney General to request that he gave further consideration to this prosecution.

“One of our concerns is that the prosecution will delay publication of the Independent Police Complaints Commission (IPCC) investigation report. Public confidence in the IPCC has already been undermined by the lack of information in the public domain about the events of 22 July 2005 and along with no reasoned explanation of the CPS decision, further delay can only make matters worse.

“The Authority is adamant there must be full and proper accountability for the tragic death of Mr. De Menezes. But we are not convinced that the intended prosecution is the best way to give a transparent and comprehensive accounts of events in July last year.

“It will also have a far reaching impact on policing, restricting the scope for police to respond to emergencies.

“Ultimately if the prosecution results in a conviction, it will be the taxpayers of London who will pay.”

The Authority has therefore written to the Attorney General with three requests

1. that the Attorney General, with the Home Secretary, the Director of Public Prosecutions and the IPCC consider publishing as soon as possible the IPCC Report along with a full explanation of the CPS decisions;
2. that the Attorney General reconsiders whether this prosecution should proceed and whether there is a better, less adversarial alternative that would enable all involved to learn the lessons from events of that day in order to strengthen public protection and reassurance; and
3. that the Attorney General in conjunction with the Home Secretary initiate an urgent review of the application of Health and Safety at Work Act 1974 to operational policing.

Notes to editors

The full text of the letter can be found at www.mpa.gov.uk/news/prosecution.htm

Further media information

For further information, please contact the MPA press office

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