Joint Committee On Human Rights Written Evidence


6.  Memorandum from The Police Complaints Authority

1.  INTRODUCTION

  (i)  The Police Complaints Authority submits this memorandum of evidence to the Committee to which is attached an Appendix comprising a research paper supplied to it by Dr David Best, Head of Research, Police Complaints Authority. This memorandum will outline the role and responsibilities of the Police Complaints Authority, will summarise research and reporting published by the Police Complaints Authority during the past five years on matters material to the inquiry and will offer further observations in response to the questions posed by the inquiry. The Research Appendix provides detailed data on fatal incidents.

  (ii)  The Police Complaints Authority, having 18 members (full-time and part-time) and approximately 70 staff (largely seconded civil servants but some permanent staff) has two principal roles under the legislation governing its activity, the Police Act 1996. Firstly, it supervises police investigations into complaints alleging serious misconduct or incidents causing public concern. Approximately 350-400 investigations are subject to supervision at any one time. The police service is required under legislation to refer certain matters to the Authority. It has the power to refer incidents not subject to complaint to the Authority and most fatal incidents are referred in this way with investigations in the majority of cases being accepted for supervision by the Authority. The supervising member has the power to approve, or withhold approval of the appointment of the investigating officer where a matter is supervised; may issue directions as to the conduct of the investigation; and must issue a statement at its conclusion stating whether the investigation was, or was not, conducted to the Authority's satisfaction.

  (iii)  The Authority's second principal role is, at the conclusion of all investigations, to undertake an independent review of the evidence to determine whether any police officer should have his/her conduct referred to a misconduct hearing. All matters supervised by the Authority, whether or not a public complaint was made about the conduct of any police officer, has to be reviewed and the Authority has the same legal powers to direct formal disciplinary action as it would in a case of a public "complaint".

  (iv)  The Authority's supervisory function is governed by an internal manual of practice agreed with and circulated to individual police services. This manual provides detailed guidance to Authority members, staff and the police service on referrals and initial action; discharging the responsibilities of ongoing supervision; standards expected of those investigations subject to the Authority's supervision; family liaison and community relations and the disclosure of information or evidence to complainants, next of kin or in the public domain during or after the supervision of an investigation.

  (v)  Prior to September 2001, the Authority had no dedicated research capacity but since 1998 had undertaken some specific research work relevant to the remit of the inquiry which will be summarised below.

  (vi)  The Authority has operated from a single central London office with Authority members and caseworkers having responsibility for a range of different police services. The statutory powers of the Authority do not include the power to inspect police facilities or management arrangements governing the detention of those in custody. However Authority members will, in their contacts with police staff and investigators, gain some local knowledge and understanding of custody arrangements material to the investigations they supervise or review and finalise. Based on the information and impressions gained by this casework experience, observations are offered both in Reports and in the following observations and impressions.

2.  OBSERVATIONS AND LESSONS EMERGING FROM PCA ANNUAL REPORTS 1997-98 TO DATE

(i)   1997-98 Annual Report

  The report noted that police service practice in relation to referral of cases for voluntary supervision had improved and that virtually all deaths in custody were now subject to Authority supervised investigation. The report stated that the Authority's experience suggested some deaths could have been avoided if more effective procedures and safeguards had been in place and it focused on two key individuals in the process, namely the custody officer and the forensic medical examiner. The Authority summarised the findings of a survey into custody officer training which indicated that most police services provided dedicated custody officer training. However only seven required the successful completion of such a course before a custody officer took up his/her duties. In approximately one third of all police forces in England and Wales, custody officers generally did not receive specialist training until after they had taken up their duties and in some cases such training might be delayed for months or even years. A telephone survey of 620 custody officers in 401 custody suites covering all forces suggested that at any one time, some 23% were carrying out their complex and demanding duties without having had the benefit of specialist training. The Authority stressed the need for training to be provided before custody officers took up their duties at all and such training should enable them to recognise danger signals amongst those appearing to be drunk, those who might be at risk of attempting suicide or those who might be suffering from a potentially dangerous medical condition. The Authority also highlighted the need for:

    —  ensuring that custody officers received appropriate support and supervision;

    —  encouraging better communication between custody officers and forensic medical examiners;

    —  introducing a standard practice during the presentation and booking in process to identify those detained persons who might be at risk of suicide or self-harm;

    —  introducing a simple method of monitoring the consciousness of detained persons;

    —  extending CCTV systems to cover observation cells for particularly vulnerable detainees and developing appropriate guidelines to protect the dignity of those concerned;

    —  establishing detoxification centres to deal with people arrested for alcohol or drug abuse; and

    —  improving cell design to reduce suicide risks; providing appropriate specialist training for all forensic medical examiners and considering centralised custody suites and a specialised custody service.

  In October 1998 the Police Complaints Authority organised a special one-day conference entitled "Deaths in Police Custody: Reducing the Risks" to ensure that these essential recommendations were understood by relevant police managers and Police Authorities and their implementation taken forward.

  As a result of the conference, a research and policy paper "Deaths in Police Custody: Reducing the Risks" was published by the Authority in 1999. This report analysed deaths in custody cases from 1994-98 and highlighted where the Authority's supervision experience indicated deaths occurring in circumstances previously seen. The Authority highlighted, a relation to the risk of harm or death from suicide, the importance of reducing risks by the removal of ligature points; and the removal of clothing which may pose a risk. The report made 16 detailed recommendations calling for the revision of Code C, Police and Criminal Evidence Act Codes of Practice, to clarify the requirement to rouse drunken detainees; practice by custody staff in regard to rousing and recording their actions. The Authority felt consideration should be given to including in the Codes of Practice a specific requirement for custody staff to make regular checks on detainees suffering from drug abuse. The report repeated recommendations made earlier concerning specialist training for custody officers and police surgeons together with the introduction of new procedures to improve risk assessment practice. The Authority in its report called for a nationwide programme of cell modernisation designed to reduce the risk of self harm and accidents and asked the Home Office to consider amending the statutory requirements to enable some procedures in custody suites to be carried out by suitably qualified health care professionals other than doctors. The Authority felt that police forces should consider concentrating custody operations in a small number of specialist centres and should examine the benefits of establishing a custody service as a specialist unit. The Authority repeated the calls previously made that the case for abolishing the criminal offence of being drunk and incapable should be re-examined and called for further examination as to the feasibility of appropriate alternatives to police custody including reception centres and detoxification centres for those suffering from substance abuse. The Authority called, also, for police officers to be given refresher training in the safe use of force in self defence and to affect arrests given the risks associated with the use of restraint.

(ii)   1998-99 Annual Report

  In its report for this year, the Authority reported that in the previous four years an upward trend in the number of deaths in police custody cases supervised by the Authority had been seen, culminating in 65 cases that year, 41% more than in 1995-96. The year had seen the largest number of deaths in police care or custody on record. Deaths from self harm, the effects of alcohol or drugs and from identified medical conditions were the causes of the great majority of such deaths. In that year, 18 people appeared to have caused their own death while in custody representing a rise from a total of seven in 1996-97.

  The report repeated previous recommendations for change and in addition recommended that at risk detainees, (identified at booking-in, from the police national computer or elsewhere) be kept under constant supervision using CCTV or civilian staff until their mental state had been fully assessed; in urban centres appropriately trained nurses to be on call to the police to undertake assessments, liaise with psychiatrists and advise police surgeons and custody sergeants as appropriate; forensic medical examiners be required to train to the standards set by the Association of Police Surgeons.

  Revision to Code C to require the police to visit and rouse on a regular basis any detainee who may have taken a class A drug; training for forensic medical examiners to ensure that clear oral and written guidance is provided for custody officers; including the results of assessments and symptoms to be monitored with indicators of risk and actions to take when needed; a simple consciousness scale to be adopted by forensic medical examiners and custody officers to enable clear communication to take place about the welfare of vulnerable detained persons over the period of their detention; and specific training for custody officers on the care of detainees who appear to have used alcohol or drugs in order to provide them with information concerning the potentially life-threatening conditions which may generate an appearance of drunkenness.

  The report reminded the police service of the need for high standards of management in custody areas and the need for regular spot checks in such facilities to ensure that force orders, police guidance and codes of practice were being followed.

  The Authority in this Annual Report repeated its call for the decriminalisation of being drunk and incapable. The Authority considered such an action would immediately crystallise the need for care in reception centres for those grossly intoxicated, staffed by nurses and paramedics. Such establishments would meet the immediate overnight needs of people found incapable in a public place. The longer terms needs of those suffering the effects of alcohol dependency could only be met through the establishment of detoxification centres, again staffed by professionals.

(iii)   Annual Report 1999-2000

  This report noted a fall in the number of those who had died in police care or custody and there was a decline by a third in the number of deaths due to self-harm from the previous year. The report highlighted the impact of a pilot in Devon and Cornwall Constabulary of "in-cell" CCTV. During 1999 the Authority published a follow-up report to its earlier one "Deaths in Police Custody—Reducing the Risks". The report provided the detailed results of a questionnaire survey to police forces in England and Wales assessing the response made by the police service to each of the recommendations appearing in the Authority's earlier report. Action taken by each police service responding to the Authority's survey was described in this report highlighting good practice developments. The Authority drew particular attention to the importance of the use of CCTV to monitor the risk of harm to detained persons in custody; the improvement of ventilation in cells since cell hatches had to remain closed. The Authority called for a cost-benefit analysis of using trained nurses and community psychiatric nurses in custody areas. The report recommended that police services consider establishing custody users groups and it repeated a call previously made on a number of occasions for the introduction of the Association of Police Surgeons' medical form as standard throughout the police service.

(iv)   Annual Report 2000-01

  It was reported that deaths in police care or custody in this year fell sharply to 32, the lowest number of such deaths since 1993. Deaths in cells or police stations numbered 16 compared with 19 in the previous year. In 2000-01 the Authority reported that only two cell deaths appeared to be due to self-harm, one sixth of the total of two years previously. The Authority drew particular attention in this Annual Report to deaths due to restraint and the importance of improving inter-agency co-operation and practice in regard to the treatment of persons detained or under arrest who have mental health problems. Issues in relation to restraint were discussed at a seminar which included international and UK experts on forensic pathology and accident and emergency medicine. As a result of the conference the Authority published a guidance note for police officers, forensic medical examiners and other treating physicians concerning the management of acute behavioural disturbance and the special risks of positional asphyxia. Detailed guidance was also included to forensic pathologists undertaking the pathological examination post mortem of a person suspected to have died following such a disturbance.

  The report noted that recent deaths in custody had exposed weaknesses concerning the collaboration between NHS Mental Health Trusts and the police service. The report noted that responses to the arrest by police of persons under Section 136 Mental Health Act needed to improve so that such persons could be taken immediately to a designated hospital and not to a police cell and NHS Trusts would need to staff a Section 136 reception room which could be attached to accident and emergency departments; NHS Trusts and police services also needed to agree a written protocol for the handover from police to medical staff of Section 136 patients on arrival at the hospital and Trusts with responsibility for detailed psychiatric patients and the police needed to agree clear written protocols to clarify the respective responsibilities of hospital staff and the police for returning to hospital detained patients who were absent without leave.

(v)   Annual Report 2001-02

  In this year a small rise from 32 to 36 investigations into persons who had died in police care or custody was noted. This was still less than that recorded in each of the preceding five years. The report highlighted developments by the Home Office on the provision to custody of health care professionals. The Authority expressed a hope that the revision of PACE Codes of Practice would adopt recommendations made by the Authority to enhance the effectiveness of the duty to rouse intoxicated detainees. The Authority's report drew attention to the need for appropriate police practice for dealing with a suspect who is thought to have swallowed drugs. The report emphasised the need for the police service to raise its performance in dealing with such circumstances to reduce the risk to life to a minimum. The report commended an MPS standing order requiring that in every case someone who is thought to have swallowed drugs must be taken to hospital for an emergency examination.

(vi)   Annual Report 2002-03

  This report showed that the Authority supervised 14 investigations into deaths occurring in a police cell or police station. Medical causes and the effect of alcohol and/or drugs remained the most prevalent apparent cause of death. In detailed analysis providing observations on causes and prevention strategies, the report noted that despite improved training for custody staff and efforts to make cells safer, some investigations revealed concerns which underlined the need for constant vigilance and greater efforts to publicise the dangers posed by alcohol, drugs or the risk of self-harm. The Authority recorded its disappointment that some police services still lacked CCTV cameras in their custody areas and that insufficiently urgent consideration was given to the removal of ligature points in cells to reduce the risk of cell hangings. The Authority reported that many deaths of drunken detainees were preventable if rapid medical assessment was provided and individuals were transferred to hospital. The report repeated that drunken detainees were in danger from alcohol poisoning and serious head injury masked by their intoxication. The management of drunken detainees, it was accepted, is a stressful and resource sapping activity for the police service but the Authority is concerned that, while custody staff generally recognise the symptoms of excess alcohol, there is much less awareness of the symptoms and dangers of alcohol withdrawal or the combined effects of alcohol and illicit drugs.

  The report referred to a PCA study into the risks of detaining alcohol impaired people in custody suites carried out in the MPS which suggested that, while custody officers know they are accountable for the health and welfare of all detainees in their care, they do not feel that they are properly resourced or supported in this task. The research noted a general dissatisfaction with current training arrangements, including the role specific training for staff working as gaolers and with the initial custody officer course in relation to alcohol issues.

  The study also raised questions about forensic medical examiners who it was felt may lack specific training in managing alcohol-related problems and may also be reluctant to get too close to potentially dangerous individuals.

  Drug misuse remained a significant factor in deaths in police custody or following police contact and typically the report showed that these arose from attempts by detainees to swallow the evidence when confronted by police. Arresting officers might not be aware of these attempts and a detained person might not be showing symptoms of drug abuse. For some drugs, if the symptoms of overdose were recognised early then medical interventions can prevent a death; for others such as cocaine this may not be possible.

  The report highlighted its findings in a very recent PCA study "Drug Related Deaths in Police Custody" which noted that even when a detainee who later died reported symptoms of medical distress, police officers initially believed that the illness was being feigned. The study highlighted important learning points with regard to the training of police officers in both drug awareness issues and in providing emergency first aid; in the need for the development of policies for the management of drug intoxicated individuals and for the use of medical expertise in police custody. The study highlighted that the increased prevalence of drug use nationally and within arrested populations would suggest an increase in the prevalence of drug related custodial fatalities.

  In April 2002 the Police Complaints Authority held a national conference to raise and consider issues concerning the safe use of restraint in custodial settings. Detailed recommendations emerged from the conference as to measures which would prevent or reduce the incidence of restraint-related deaths. Detailed recommendations also emerged as to the standards to be employed in investigating restraint-related deaths and, in particular, the relationship between investigators, the public body where death has occurred and bereaved families.

(vii)   Other reports

  The Authority has published three other reports on policing practice and performance relevant to the Inquiry. In 1998 a short report on the police use of new batons was published comparing the impact of different equipment provided in police services in England and Wales. It was noted that the rigid side-handled baton had led to most complaints though the Authority's limited study could not determine why this should be the case. It appeared that the skills required to make full use of the PR24 baton were considerable and it may be that training needed to be carefully geared to the skills of the officer and probably needed to be undertaken more frequently than was necessary with other equipment.

  The Authority in 2000 published a more in depth research report on the use of CS spray and its impact on the public. The report concluded that CS incapacitant spray did not appear to present a serious risk to the public. From the sample of complaints analysed it was not possible to conclude that permanent injury was caused by use of the spray and there was no reported fatality known to have been caused by it. The Authority noted that the introduction of CS spray had made a significant impact on safety for police officers. However, the study raised concerns amongst significant population groups, particularly those vulnerable through mental illness, alcohol or drugs. It called for further research to be undertaken and continued caution in the use of the spray to be reflected in guidance and training for police officers. The report urged police services to act on the guidance introduced in 1999 particularly in relation to the safe and appropriate use of spray for those with a mental illness, its use in crowded areas, on car drivers and in relation to incidents involving firearms. In 10 recommendations the report highlighted the need for better training of staff so as to render practice more appropriate particularly when dealing with persons with a mental illness. Other less safe or inappropriate uses of spray were highlighted in the recommendations. The report called for research into alternatives to the solvent MIBK which can cause burns and blistering; the long term effect of CS sprays used and the effect of the CS spray on those with mental illness and drugs associated with this.

  In 2003 a major review of shootings by police in England and Wales from 1998-2001 conducted by the Police Complaints Authority was published. Such incidents now comprise category two deaths in custody. The review was requested by the Home Office Minister of State and in the terms of reference the Authority was asked to have particular regard to—

    —  the planning, control and conduct of operations;

    —  the way in which the concerns of the bereaved families were addressed and how they were kept informed of the progress of the investigation; and

    —  the training and skill needs of the police officers involved in such operations particularly at command level.

  Twenty-four incidents were examined. The review addressed the following key questions:

    —  Who was shot and why? Detailed analysis and narratives show the circumstances in which shots were fired and what had provoked this police action. The review classified the incidents as to whether they were "spontaneous" or "pre-planned" and whether the behaviour of the person who was shot appeared rational or irrational. In the incidents reviewed many of those shot were vulnerable due to a combination of alcohol or illicit drug misuse and/or mental health problems.

    —  What were the command and practice issues, and how could these be addressed? The review identified a number of weaknesses in command and proposed changes to strengthen, particularly, the role of the intermediate ("silver") command in the management of incidents. It examined the potential impact of tactical choice on outcome and the role for approaches that take account of the needs of vulnerable suspects.

    —  What were families' concerns and how could these be met? Contact with bereaved families uncovered poor experiences of the investigation, inquest and disciplinary processes. These were judged to be too protracted, secret and unresponsive.

  The review made 48 wide-ranging recommendations to the Home Office and to the police service. Central to these was the concern that lessons may not be adequately learned from firearms incidents. The discharge of weapons by the police remains a rare event in England and Wales but the arrangements for disseminating lessons for police forces and others remain unsatisfactory. The Authority recommended that more research data was needed on:

    —  the effective use of police dogs in firearms incidents;

    —  the testing and application of less lethal weapons;

    —  the impact of verbal challenges on suspects, particularly for vulnerable people and when suspects are challenged from behind;

    —  regional variations in rates of police shootings and the relationship between the use of specific tactics and the likelihood of discharge of police weapons; and

    —  the relationship between deployments and discharges, and the factors that predict when police discharges are likely to occur.

  The Home Office has now convened a Working Group combining the PCA, ACPO, Metropolitan Police Service, Association of Police Authorities, Metropolitan Police Authority, HMIC, Home Office and Department of Health to consider and, if appropriate, take forward the recommendations of the review.

(viii)   Home Office Learning the Lessons Committee

  In 2002 a Standing Committee on Learning the Lessons from Adverse Incidents was convened by the Home Office. It is chaired by ACPO, the Authority provides the secretariat, and it has representation from the Home Office, HMIC, Centrex, APA, the Police Standards Unit and the Crown Prosecution Service. Its terms of reference are to:

    —  review adverse incidents which occur in the police service;

    —  identify lessons to be learned from such incidents, with the aim of preventing similar incidents from occurring elsewhere and developing good practice; and

    —  disseminate the findings and recommendations of the Committee.

  The Committee also hopes to encourage a culture in which the police service, and those working with it, are willing to share information to help each other learn from adverse incidents, rather than a culture pre-occupied with allocating blame. Its work has already resulted in a Home Office circular (HOC 18/2002) following an investigation supervised by the Police Complaints Authority into a cell death by hanging. The guidance drew attention to the need for special vigilance by those managing custody facilities in relation to the risks posed by the physical characteristics of the accommodation. The circular guidance also reminded the police service of the need to balance considerations of privacy and dignity (Article 8 ECHR) against the sometimes more important principle of preserving the right to life (Article 2 ECHR).

3.  QUESTIONS POSED BY THE INQUIRY

(i)   Preventing deaths in custody

What are the main causes of the deaths in custody? Are there any common factors?

  Please see detailed research evidence compiled by Dr David Best, PCA Research Department and above comments and published reports.

Are there particular aspects of conditions of detention, or the treatment of detainees, or the cultural background of prisoners or prison officers, that contribute to:

Suicide and self-harm in custody?

  Suicide and self-harm is now much rarer. The Authority would draw particular attention to the continued use by the police of custody area accommodation ill-designed for the detention of vulnerable prisoners. Home Office guidance issued in July 2002 drew attention to the contribution which such outmoded accommodation made in the death due to self-harm of a detained person earlier that year. Detailed guidance was given to the police service stressing the importance of identifying and removing physical features which present an opportunity for use as a ligature point. Later incidents confirmed the Authority's belief that in the police service estate there still exist detention areas unsuited to holding vulnerable prisoners. The same circular guidance highlighted, from the cases supervised by the PCA, the need to remove from those assessed as at risk clothing which might be used to self-harm. The Authority has drawn attention, in its previous reports, to the difficulties of balancing respect for personal privacy and dignity with the need to protect risks to life and safety. Some police services adopt strict practices with regard to the removal of laces, belts and cords. Other police services (including the Metropolitan Police Service) do not, in some cases arguing that to insist in every case on such a measure would infringe the human rights of the person detained. This Inquiry may need to clarify where the balance should lie in relation to human rights principles so as to encourage greater consistency across the police service in the humane and safe detention of persons in custody.

Other deaths or injuries in custody?

  Dr Best's research study highlights the prevalence of drugs, alcohol and mental health problems amongst those who die in police custody. The combination of these factors raises special challenges for police officers without medical knowledge or training and forensic medical examiners who may have limited experience and/or expertise in relation to these problems. Those deaths which appear to have been avoidable demonstrate inter alia poor assessment of the true causes of the arrested or detained person's condition; poor practice in relation to their monitoring or rousing when detained in cell accommodation; poor liaison (if any) with the forensic medical examiner; poor diagnosis and/or treatment decision making by the medical practitioner asked by the police to examine the person; and, lastly, lack of urgency in ensuring that appropriate medical treatment is provided.

What further steps need to be taken to prevent suicide and self-harm in custody?

  The incidence of death in a cell or police station due to self-harm has decreased over the past five years and this may be due, in part, to improved risk assessment and monitoring together with better quality custody accommodation. However, practices remain varied across the police service with regard to measures designed to reduce risk. Custody accommodation, itself, remains of variable quality; custody staff in different police services receive different levels of training at different times; custody offices are staffed differently, some having entirely dedicated staff and others staff drawn from general duty on a rota basis. Some custody areas and services have a high component of civilian staff undertaking work of significant responsibility. Other police services continue with largely police officer staffing of the custody function.

  The Authority has highlighted above many of the practical steps which could be taken to prevent suicide and self harm in custody. Clearly, early and rigorous compliance with the new provisions found in Code C will prove a positive influence in reducing the risk of harm.

  Better liaison with, and inter-agency co-operation between, police services, forensic medical examiner services, mental health trusts and accident and emergency departments are essential to reaching and sustaining the lowest level of risk attainable. Practical measures to reduce the risk of harm must include the acceptance by the police service that CCTV vision and audio recording of custody areas is an essential pre-requisite. CCTV systems must also monitor some cell accommodation for vulnerable persons to facilitate more effective monitoring.

Other deaths or injuries in custody?

  The second part of this memorandum showed the specific steps the Authority has taken to highlight practical measures to reduce the risk of deaths in custody. The more rigorous requirements of new Code C will be of direct relevance to these cases and better liaison with and inter-agency co-operation between the police and community mental health services will be important to the humane and safe treatment and detention of those with mental health problems. In the Metropolitan Police Service area pilot procedures are being introduced to test the feasibility of the NHS radically changing its response to the mentally distressed or disordered person in the community where the police may be conventionally expected to deal with the problem. Northumbria Police are, with its local university, developing specific training which will provide local police services with police officers trained in crisis intervention for persons with severe mental illness. Such a resource to a police service could well improve its capacity to deal differently with those presenting disorders and possibly threatening behaviour without resorting to the use of significant physical force.

  In relation to both risks the Authority will, in the time remaining to it, report to the Learning the Lessons Committee concerns arising from its supervised investigation casework to ensure that lessons are generalised throughout the police service.

What kind of Human Rights approach to conditions of detention and management of detention facilities contribute to the prevention of deaths in custody?

  The Authority is not specifically aware of the police service taking a "human rights approach" to the management of conditions of detention. The codes of practice which govern much of the treatment of those in detention pre-date the Human Rights Act and was introduced when the vast bulk of police powers were codified and prescribed. Nevertheless, PACE and the codes of practice, particularly Code C, made under it are mainly if not entirely compliant with ECHR obligations resulting from Articles 2, 3, 5, 8 and 14. Such standards as are reflected in Code C clearly encourage the belief amongst police staff that persons detailed in their custody have fundamental rights and there are specific obligations many directed to ensuring their humane and safe detention. Custody visitors provide an important independent scrutiny and discipline having direct access to persons detained at the time of their detention and gaining from this direct reports as to the standards of treatment and conduct. Custody visiting must also provide police managers with independent observation on the standard and adequacy of cell accommodation. No doubt, from time to time, custody visitors raise concerns with custody staff and managers within a "human rights framework" and they should be encouraged in so doing.

(ii)   Investigation of deaths in custody

  The Authority notes that the Committee intends to consider this issue from the point of view of the new arrangements to be introduced from 1 April 2004 under the Police Reform Act and with the creation of the new Independent Police Complaints Commission.

  The Authority's view is that current law and the manner in which it supervises police investigations meets ECHR requirements for an effective, prompt and independent investigation with effective participation. However, it is recognised that a human rights culture is present where judgement merely as to legal compliance form only the foundation upon which better practice is built. Where a next of kin or bereaved family lack confidence in the integrity of an investigation or it takes too long to undertake or it has been unduly secretive to those with a personal stake in the inquiry, then the spirit of the ECHR may be compromised.

  Current arrangements have not permitted this Authority, and investigating officers supervised by it, to provide in every case an inquiry which has enjoyed such confidence and many investigations have been far too protracted where the time taken by the Crown Prosecution Service to determine the issue of criminal culpability and the time for a Coroners' inquest to be held are taken into account. The legal framework within which the Authority has had to work has been unduly restrictive in relation to the following elements:

    —  Neither PACE 1984 nor the Police Act 1996 require the police to refer to the Authority for it to supervise an investigation into a death in custody where no complaint has been made. This is remedied by the provisions in the Police Reform Act.

    —  Section 80 of the Police Act 1996 has been seen as a barrier to disclosure in the past. Sections 20 and 21 Police Reform Act and regulations made under that Act will impose positive obligations to inform and disclosure whereas formerly the Police Act 1996 appeared to assume a largely secret process of inquiry and feedback on outcomes.

    —  Since the legal arrangements have prevented the PCA investigating allegations or incidents itself, this has limited the impact of independent supervision where hostility and/or mistrust is felt towards police investigators. The investigation powers under the Police Reform Act and the resources to be committed to independent investigation will help to reduce or remove this severe limitation on the PCA's effectiveness where confidence is a serious issue.

  It is, of course, essential for the IPCC to be properly resourced for its new independent investigation task and essential that it recruits and prepares staff sufficient in number and expertise to deal with the enormous challenge of independent investigation with effective and sensitive family liaison.

19 September 2003


 
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