The major independent review
of deaths and serious incidents in police custody was
commissioned by Prime Minister in July 2015, whilst Home
Secretary, following her meetings with bereaved families. It has
been carried out by Dame DBE QC:
- a new presumption that legal aid should be awarded to
families in cases of deaths in police custody
- use of police cells banned for under 18s in mental health
crisis from December
- ministerial council to develop further solutions to
healthcare in police custody, in both the inquest process and the
post-incident support available for bereaved families
The review makes 110 recommendations, regarding the use of
restraint, the custody environment, training for officers and
making it easier for families facing inquests into deaths in
police custody to access legal aid.
The government’s
response commits to review existing guidance so that the
starting presumption is that legal aid should be awarded for
representation of the bereaved at an inquest following a
suspicious death or suicide in police custody or in prison.
It also makes clear that from December, police cells will not be
used as places of safety for those under the age of 18 detained
under the Mental Health Act and that transparency and
accountability in police use of force has been improved through
better data collection.
Home Secretary said:
This report shines a light on this profoundly important issue
and the government thanks Dame for her
comprehensive review which sets out a clear need for action.
When my predecessor met the bereaved families,
she was struck by the difficulties they faced as they sought
answers about what happened to their loved ones. This simply
isn’t right, and is why the government is taking steps to
ensure that families bereaved in this way in future get the
support and answers they need.
The government is committed to tackling this issue, and when
tragically deaths in police custody do occur, we are clear that
they must be investigated thoroughly and action taken to
support families better in future.
In relation to the new presumption that legal aid should be
awarded, the Lord Chancellor will make clear in the guidance that
bereaved families should be spared the distress of filling out
complex paperwork around means testing where possible.
This work will be completed by the end of the year, alongside
steps to ensure the bereaved are made fully aware of their rights
under this guidance in every case.
Lord Chancellor and Secretary of State for Justice, , said:
We recognise that the route to legal aid in inquests relating
to deaths in police custody and prison can be complex and
intrusive for families.
That is why I am taking immediate steps to make it the starting
presumption that legal aid should be awarded in such cases. I
want to prevent the distress for families of having to fill out
complex forms on means testing, and to make sure the bereaved
are fully aware of their rights.
Work is also already in progress across a number of areas raised
in the review:
-
a cross government ministerial council, consisting of
ministers from the Home Office, Department of Health and
Ministry of Justice and an Independent Advisory Panel, will
consider further recommendations for healthcare, inquests and
support for families
-
limiting the use of police cells as places of safety. From
December, police cells will not be used as places of safety
for those under the age of 18 detained under the Mental
Health Act and stringent controls will be put in place about
their use for adults. The government has provided £30 million
to the NHS to ensure there is sufficient provision of
alternative and health-based places of safety
-
publishing the Concordat on Children in Custody – already
signed by all police forces and the majority of local
authorities in England – representing a commitment to ensure
children who are charged and denied bail are transferred from
police custody to local authority care, and never held
overnight in a police cell
-
improving transparency and accountability in police use of
force through better data collection
Also, because it is crucial that the public has faith in the
police, in independent investigatory bodies, and in the justice
system as a whole, the government is:
-
reforming the IPCC (which will be renamed as the Independent
Office for Police Conduct in January) to increase its powers
and give it greater independence from the police, including
giving the new Director General powers to determine which
roles within the watchdog are barred to former police
officers
-
introducing independent legally qualified chairs for police
misconduct proceedings and greater independence in
decision-making in such cases
