I have today decided to disclose the located information to you in full.

Transcription

1 Freedom of Information Request Reference No: I note you seek access to the following information: Can you provide me with copies of any current guidance produced by the force for police staff engaged in the detention and handling of persons in police custody that provide information on procedures, priorities and liability in case of injury or death of persons in custody. DECISION I have today decided to disclose the located information to you in full. Met Detention have provided the following extract from the custody tool kit: D84 - How do I report a 'near miss' in custody? (Referred to as 'successful interventions'.) To assist with organisational learning and the safer detention of detainees, all incidents which, if allowed to continue to their ultimate conclusion, would result in the death, serious injury or harm to any person occurring in custody must be reported on Form 370C. This includes incidents from the point of arrest and any unforeseeable ones within the custody environment. Such incidents are referred to as a 'Successful Intervention' or SI. The primary purpose of reporting any such incidents is to provide a learning opportunity for others (organisational learning) and to put appropriate measures in place to mitigate a repetition. Such learning is incorporated into all sorts of areas from bulletins and news articles to staff, training course material and changes to building/fittings or equipment. The full reporting of an incident, the potential learning that has come from it and the following management actions are a vital tool for the continued improvement in the care and management of detainees and the safety of those managing them. The 370C should be completed electronically by the Custody Officer/DDO or other member of staff. On completion, the Form 370C should be submitted to Met Detention via Met Detention Mailbox - F370C and to the Custody Manager, for the inclusion of any action(s) and organisational learning.

2 The PNC must be updated immediately with the risk details, through NSPIS, for all recordable offences or by means of Form PNCB 3 for all non-recordable offences. If a detainee has a record on PNC, that PNC record must be updated with the risk details as a matter of urgency. The PNC record is updated with information of this type on page one of the Arrest Summons report. This action should be included in Form 370C. The Custody Manager should submit the 370C with any updates / organisational learning to Met Detention via the Met Detention Mailbox - F370C within 10 days of the incident. D85 - What should I do in the event of there being a death or serious injury to a detainee in custody? For information on the processes and procedures that will be adopted when a person dies or suffers serious injury following contact with the police please refer to the Professional Standards policy pages. Please also see the attached flow chart and copy of Form 370C. The Directorate of Professional Standards (DPS) have provided the policy concerning Death and serious injury following police contact Please see the attached policy. The Directorate of Legal Services (DLS) Please note that DLS were contacted in respect of any policy concerning liability in case of injury or death in custody. It has been confirmed that this is not covered by policy and these matters would be dealt with on a case by case basis with legal liability being determined after taking into account the facts of the case. Other Information Please note that guidance on this matter is also provided by the College of Policing and can be found at the following link: I would like to take this opportunity to thank you for your interest in the Metropolitan Police Service. Information Rights Unit

3 OFFICIAL - PERSONAL Custody Incident/Dispute Reporting Form On completion send to your Custody Manager (for local action) and Met Detention Mailbox - F370C Incident Reporting (tick as appropriate) Successful Intervention(s) Clinical Incident HCP Dispute(s) Custody Suite Details Station Station Code Custody Number Form 370C Person(s) Involved Role Last Name Forename Select Select Select Select Incident Details Date of incident Time of incident - 24 hr clock Summary of Incident Self-Harm Fire Illness HCP Attendance HCP Clinical Escape Police Transport HCP Other (please specify) Other (please specify) Full Circumstances of Incident (attach any photographs to the ) Clothing Involved Own Clothing Police Clothing Please describe item(s) Incident involving concealed item(s): please specify below Custody Fittings/Fixtures/Furnishings Involved Cell door Cell wicket Cell floor Cell window Cell wall Cell call button Cell Ceiling Toilet Toilet Flush Mattress Blanket Pillow Cutlery Medication (specify) Other (specify) Intelligent Contact Centre (ICC) reference no: (Building related issues) Custody Equipment Used Ligature Cutter First Aid Kit Defibrillator (if yes complete Form 6151) Metal Detector Smoke Alarm Panic Alarm Other (please specify) Observation level at time of incident 60 mins 30 mins 30 mins and rouse Constant

4 Observation level after incident Select observation level Hospital attended Form 170 completed Yes No Form 57HG completed Yes No Yes No Form 170 / discharge letter received back from the hospital? Yes No Not at this time PNC warning signals added: Yes No Details: For non-recordable offence(s) PNC forms must be completed manually and submitted to PNC bureau In your opinion, what were the most likely reason(s) for the event occurring Remedial Action & Organisational Learning (any action taken) Could this incident have been prevented if additional information known to officers/investigators/other third parties had been passed on to the Custody Officer? Yes No (if yes please specify below) How could future incidents be prevented (i.e. equipment that you may have found useful) Form Completed By Supervision Name of Custody Manager informed Version 1/16

5 D5 Form 370C Successful Intervention Freedom of Information Publication Scheme Protective Marking: Not Protectively Marked. Publication (Y/N): Y Branch/OCU: Met Detention, Authors: Business Improvement Team Page Date: 31/07/17 Page Version: 1.2 Review Date September 2020 D5.1 To assist with organisational learning and the safer detention of detainees, all incidents, which if allowed to continue to their ultimate conclusion, would result in the death, serious injury or harm to any person occurring in custody, must be reported. This is through Form 370C for successful interventions, clinical incidents or HCP disputes. This includes events from the point of arrest and any unforeseeable ones within the custody environment. D5.2 The 370C is available from the MPS Forms page. 370C completed electronically by custody officer/ddo or other member of staff 370C forwarded to Custody Manager and Met Detention Mailbox F370C The PNC must be updated immediately with risk details: through NSPIS for all recordable offences Custody Manager ensures that form has been fully completed, ensuring PNC has been updated and any organisational learning is actioned and recorded. This may include: Development/action plans Performance/disciplinary action Additional or refresher training Or through form PNCB 3 for all nonrecordable offences. Custody Manager forwards copy of 370C to Met Detention Mailbox F370C within 10 days of the incident Actions incomplete Met Detention SI team filter to FHS or review incident All actions complete Met Detention monitors trends and patterns. Where applicable it provides data to: Met Detention SLT MPS strategic H & S Committee PSD The Home Office Remedial local management action completed Met Detention make appropriate interventions and recommendations to the Custody Manager/area Chief inspector Met Detention also provides guidance and training when necessary

6 Introduction This guide supports the Professional Standards Policy and specifies the way in which the MPS will manage incidents of death and serious injury following police contact. This guide does not apply to officers or staff who are the subjects of any criminal or misconduct investigation following a death or serious injury (DSI) incident. Post incident procedure This guidance describes the Post Incident Procedure to be followed where a death or serious injury occurs during or following contact with the police. The guidance includes issues associated with debriefing and organisational learning. The welfare of officers and staff involved, the legislative and legal advice considerations, and the provision of accounts by officers and staff are outlined. The responsibilities of the key roles involved in the Post Incident Procedure are also explained. For the purpose of this guidance, a serious injury is an injury considered to be, or have the potential to be, life threatening or life changing to the person suffering the injury. Where this is not the case it may still be appropriate to implement a Post Incident Procedure in some circumstances. Application All police officers and police staff, including the extended police family and those working voluntarily or under contract to the Mayor's Office for Policing and Crime (MOPAC) or the Commissioner must be aware of, and are required to comply with, all relevant Metropolitan Police Service (MPS) policy and associated procedures. This guide applies to all police officers and police staff involved in the management of Post Incident Procedures. It places specific responsibilities on the following: (Borough) Operational Command Unit (BOCU) Commanders; Duty Officers; All supervising ranks: Post Incident Managers (PIM); DPS Senior Investigating Officers (SIO); All police officers should be aware of the issues raised within this guide. These procedures apply in particular to officers and staff in the following roles: BOCU Commanders Directorate of Professional Standards - Specialist Investigations (DPS SI) Superintendents' Association, Police Federation and Police Staff Unions Forensic Medical Examiners (FME). Appointed Officers

7 Post Incident Procedures are outlined in a broadly chronological manner. These procedures are designed to ensure that the post incident phase of all incidents, irrespective of whether force has been used, are conducted in a manner which: ensures the integrity of the legal process in respect of police action, persons arrested or evidential material seized; enables follow-up action relating to any ongoing crime or parallel investigation; identifies any operational or safety-critical issues in respect of procedures, training or equipment used; ensures individual, team and organisational learning takes place and is addressed both locally and nationally as appropriate. These procedures are scalable, and officers should consider their proportionate application according to the circumstances. The procedures to be adopted will range from the documentation of outcomes, through to structured operational debriefing. The National Decision Model (NDM) provides a structure which can be used to ensure that post incident issues are addressed and can assist as a structure for any debrief process. Important This information is Met policy. Anyone who works for the Met, including contractors and volunteers, must comply with it. Collapse all View the policy Professional standards policy Police use of firearms policy Custody policy Suspension of officers policy Useful resources DSIFPC flowchart Guidance on statements for traffic incidents Trauma support

8 Post shooting support programme DPS SI roles and functions 1.1 DPS SI provides a 24/7 response to all incidents of death following police contact. Following a handover with the Duty Officer, the DPS SIO will assume initial responsibility for investigating the circumstances of the death. (Where DSI arises from road traffic incidents this will be done in conjunction with the Road Traffic Policing Command (RTPC) Collision Investigation Unit (CIU) in relation to Road Traffic incidents). Liaison may also be necessary, where there are Health and Safety implications, with the Health and Safety Executive (HSE) who have an investigative responsibility where breaches of Health and Safety law may have occurred. There is a Memorandum of Understanding between the IPCC and HSE in respect of this. Advice may be sought from on call safety advisor at MPS Safety and Health Risk management team - see Para H&S. 1.2 In all cases the DPS SIO will be responsible for ensuring a referral to the IPCC. Death and serious injury following police contact 2.1 An incident in which death or serious injury occurs as a result of interaction with the police has the potential to impact upon public confidence in the Police Service. It is therefore important to ensure that effective procedures are in place to promote preservation of evidence and the effective investigation of death or serious injury. 2.2 Although included in the current IPCC definitions of death during or following police contact, this procedure does NOT alter the post incident procedures following fatal shooting incidents and shots fired by police where life is endangered. Arrangements for firearms incidents are already contained within the MPS manual, Police Use of Firearms and Less Lethal Weapons and the Authorised Professional Practice (APP) issued by the College of Policing. Definitions - deaths and serious injury (DSI) matters DSI Matters 3.1 DSI matters are defined in the IPCC Statutory Guidance to the police service on the handling of complaints (May 2015). 3.2 Section 12, Police Reform Act 2002 defines a DSI matter as follows: A DSI matter means any circumstances (unless the circumstances are, or have been the subject of a complaint or amount to a conduct matter) in, or as a result of which, a person has died or sustained serious injury and:

9 at the time of death or serious injury the person had been arrested by a person serving with the police and had not been released or was otherwise detained in the custody of a person serving with the police; or at or before the time of death or serious injury the person had contact of any kind - whether direct or indirect with a person serving with the police who was acting in the execution of his or her duties and there is an indication that the contact may have caused whether directly or indirectly or contributed to the death or serious injury. However, this sub-category excludes contact that a person who suffered the death or serious injury had whilst he or she was acting in the execution or his or her duties as a person serving with the police. Apparent suicides following police custody 3.3 Includes apparent suicides that occur within two days of release from police custody. It also includes apparent suicides that occur beyond two days of release from custody, where the period spent in custody may be relevant to the subsequent death. 3.4 The term suicide does not necessarily relate to a coroner s verdict as in most cases, inquest verdicts are still pending. In these instances, the case is only included if, after considering the nature of death, the circumstances suggest that death was the intended outcome of a self-inflicted act for example a hanging, or where there was some evidence of suicidal ideation, such as a suicide note. 3.5 This includes: Apparent suicides that occur within 48 hours of release from police custody (excluding those following transfer to a prison or other secure setting, unless they meet the criteria set out below). Apparent suicides which occur longer than 48 hours after release if a possible causal link between the apparent suicide and the period of time spent in police custody has been identified. Suicides that occur following transfer to a prison or other secure setting either within 48 hours or longer only where there is a possible link/concern for the care provided to the deceased regarding their time spent in police custody. 3.6 This does not include: When the last contact with the police relates to an individual answering bail as this does not constitute being in custody. If the deceased s last contact was when they were answering bail, and they then commit suicide (within or longer than 48 hours). Other deaths following police contact 3.7 This may include:

10 Deaths that follow contact with the police, either directly or indirectly, that did not involve arrest or detention under the Mental Health Act Deaths that occur after the police are called to attend a domestic incident that results in a fatality. Deaths that occur while a person is actively attempting to evade arrest / contact; this includes instances where the death is self-inflicted. Deaths that occur when the police are in attendance at a siege situation, including where a person kills himself or someone else. Deaths that occur after the police have been contacted following concerns about a person s welfare and there is some concern about the nature of the police response Deaths that occur where the police are called to assist medical staff to restrain individuals who are not under arrest. A person apparently kills him/herself whilst police are in attendance. Serious Injury: 3.8 Section 29, Police Reform Act 2002 defines Serious Injury as Serious injury means a fracture, a deep cut, a deep laceration or an injury causing damage to an internal organ or the impairment of any bodily function. 3.9 The IPCC adopts the definition of serious injury contained in S12 of the Police Reform Act 2002 "fracture, a deep cut, a deep laceration or an injury causing damage to an internal organ or the impairment of any bodily function." (IPCC Statutory Guidance, page 41.). As a guide, injuries that in a criminal law context equate to Actual Bodily Harm will be referable to the IPCC DPS should be contacted for any other serious injury amounting to ABH following police contact that amounts to ABH or more. Criteria for post incident investigation/ipcc referral 4.1 All deaths and serious injury following police contact are mandatory referrals to the Independent Police Complaints Commission (IPCC). It is for the IPCC to decide how the incident will be investigated under one of the following categories: Independent investigation: conducted by the IPCC. Managed investigation: the MPS conducts an enquiry within Terms of Reference set by the IPCC and under their direction and control. Supervised investigation: the MPS conduct an enquiry within Terms of Reference set by them in agreement with the IPCC. Local investigation by the MPS with no further IPCC involvement. 4.2 In all cases the DPS SIO will be responsible for ensuring a referral to the oncall IPCC representative as soon as practicable. Depending on the nature of the death / serious injury and the declared role of the IPCC the DPS SIO will remain in contact and consultation with the IPCC.

11 4.3 It can be seen that the IPCC's definition of serious injury is broad in scope and application. Although all serious injury following police contact cases will be referred to the IPCC, not all will require a Post Incident Procedure to be commenced. 4.4 The MPS Post Incident Procedure is capable of application in situations where the injury may be capable of causing death or serious disability and includes serious injury to mental health. For practical purposes these are injuries that could be considered as life threatening or "life changing" for the person concerned. 4.5 Post incident investigations will usually commence in all incidents where there is a death or life threatening / changing injury. However, there may be circumstances where this is not the case (for example, if there has been a significant time delay between the death and the police contact). 4.6 The decision as to whether a Post Incident Procedure will commence lies with the DPS SIO. Responsibilities of the BOCU duty officer 5.1 In the event of any death or serious injury (Life threatening or changing) following police contact the B/OCU Duty Officer must take control and declare the situation as a Critical Incident on the CAD system. 5.2 The Duty Officer should ensure that the on-call DPS Specialist Investigations (SI) Detective Inspector is informed and the on call non firearms Post Incident Manager, either through Contact Desk at Central Communications Command (extension ******8) or by CAD PI/CON. In cases of imminent death or if the Duty Officer is in any doubt as to whether the incident falls within the Home Office definition they should similarly contact DPS SI. 5.3 Reference should be made to the Manual on Police use of Firearms if guidance is required regarding DSI matters arising from deployment of TASER. 5.4 The Duty Officer must also alert their own senior Leadership team (SLT) of the situation and agree with them a command strategy until such time as a formal handover has taken place between the OCU and the DPS SI Senior Investigating Officer (SIO). Out of hours SLT cover is available via Met CC. They should also seek the attendance of BOCU CID and inform on call duty Detective Inspector. 5.5 The Duty Officer's role is to attend the scene and establish the basic facts as to what has taken place. They should remember the Golden Hour principles and consider the following fast track actions: Preserve life (including protection of the public). Is any person injured - and, if so, are they receiving appropriate medical attention? Are there any operational safety critical issues identified that require immediate attention? Are any subjects at large? What action is required to locate them?

12 Identify and preserve scene(s). Have all relevant scenes been identified? What action is required to preserve scenes and evidence? Consider where the original incident took place in addition to where the death or serious injury occurred, e.g. if a male dies in a custody suite, the scene of the arrest should be identified and preserved. Secure evidence including the details of witnesses. Identify the deceased inform and support the next of kin (subject to paragraphs 5.13 and 5.14 below) Identify all police officers / staff involved in the incident, and give them the CONFERRING WARNING and record wording and time (see paragraph 7.15). Arrange for transportation of all principal officers from the scene to an agreed Post Incident Location (see paragraph re: separation). Assign and call out PIM via Met CC. Ensure principal officers receive adequate support and deal with any immediate welfare considerations prior to PIM arrival. Notify DPS? Media lines are the responsibility of the DPS SI and the IPCC and must not be released without consultation. 5.6 Fast-time actions should NOT be delayed whilst awaiting the attendance of DPS or the Post Incident Manager (PIM). The Duty Officer is to record all actions in an Incident Management Log. Separation 5.7 Officers and staff who have been involved in an incident which has resulted in death or serious injury should not be isolated from one another, other than for situation specific reasons. 5.8 As soon as is practicable after the scene has been secured, those involved in the incident should return to a police station or other suitable location where post incident procedures will take place. This will assist in securing the integrity of the scene, defuse any tensions at the scene and enable post incident issues, including those of investigation and welfare, to be attended to. 5.9 The decision to separate principal officers should be made by the PIM. However, the BOCU Duty Officer may need to consider separation prior to the arrival of the PIM. Any decisions should be recorded Prior to arrival of a PIM, the BOCU duty officer is required to ensure the principal officers are transported to the PIP location and that any immediate welfare

13 needs are considered. Key police witnesses should not be separated as a matter of routine. Separation should be considered where: it is both practicable and necessary to do so, and where there are no implications for the safety of the public or officers A decision to separate officers should be made having considered whether separation is necessary to prevent the officers from conferring. This may be required, for example, where there are reasonable grounds to suspect that a criminal offence has been committed or where there is evidence that an officer has breached the standards of professional behaviour set out in the Code of Ethics. It would also be appropriate to consider separation where there is evidence that conferring guidance is not being followed, or complied with. Preventing forensic crosscontamination may also be a consideration The decision to separate principal officers should be made by the PIM. However, the BOCU Duty Officer may need to consider separation prior to the arrival of the PIM. Any decisions should be recorded. Notifying Next of Kin 5.13 Where there has been a death following police contact an important task, which should not be unnecessarily delayed is to notify the next of kin. Consideration must be given to the appointment of appropriate personnel to deliver the death message. Due to the nature of Death and Serious Injury incidents it is recommended that at least two people attend to deliver the message and a risk assessment is completed prior to deployment There may be operational or security reasons for not informing the next of kin immediately, (e.g. if there is an ongoing police investigation and notification of the family would hinder that investigation). In these circumstances discussion must take place between the DPS SIO, the police SIO and BOCU Duty Officer and all decisions recorded in the decision log. Suicide or Apparent Suicide Following Police Custody 5.15 In any case of an apparent suicide following police custody the Duty Officer must be made aware of the situation and DPS SI alerted. There will then be liaison between DPS and the B/OCU to determine the appropriate action and the suitability of implementing a full post incident procedure. Responsibilities of DPS SI 6.1 Informing the IPCC and deploying DPS resources. 6.2 The IPCC may attend the incident. The DPS SIO has responsibility for investigating the matter unless the IPCC declare the investigation as independent.

14 6.3 There may also be a parallel police investigation (see Parallel Police Investigations at paragraph 17.1). The DPS SIO also has a responsibility to support the needs of the parallel investigation. 6.4 Responsibilities of the DPS SIO will include the setting of initial family liaison, forensic, witness, search, and investigation strategies as well as liaison with the Coroners' Officer, the IPCC and any police SIO for a parallel investigation. 6.5 The DPS SIO, or their representative, will arrange a meeting with the Key police witnesses / police staff involved in an incident as soon as practicable following the event. This will be facilitated via the PIM. 6.6 The purpose of the meeting is to explain the investigative process to officers / staff and provide reassurance that the investigation will be conducted thoroughly but will be sensitive to their needs and requirements. Throughout the course of the investigation, the DPS SIO will ensure that the key police witnesses, Post Incident Manager (PIM) and B/OCU Commander(s) are provided with regular updates in relation to the progress of the investigation. 6.7 Media lines - prior to the declaration of an independent investigation, it is the responsibility of the DPS SIO to coordinate the media lines. 6.8 PROTECTED IDENTITY. This will only apply in exceptional circumstances and is the responsibility of DPS to authorise and or coordinate the process. It should be made clear to officers involved that the issue of anonymity may be the subject of judicial proceedings or challenges and may have to be reversed at a later stage. Responsibilities of the post incident manager (PIM) 7.1 There is an on call cadre of trained and accredited PIMs who should be called out via CCC in the event of non firearms DSI incidents. 7.2 The role of the PIM is to facilitate, manage and advise the integrity of the PIP, balancing the welfare needs of officers or police staff within current legal requirements, protecting the rights of both individuals and the MPS. The PIM has responsibility to support the investigation, but not to become involved in the investigative process. 7.3 As soon as practicable, the designated PIM must attend the post incident location and take control of the post incident process. The post incident location does not mean the scene of the incident but rather the location from where the post incident procedures will be managed. It is recommended that the time of PIM arrival be logged on CAD and in the PIM s log. 7.4 Until the arrival of the PIM, consideration should be given to having an experienced officer, (unconnected with the incident), who should be tasked with supporting the personnel concerned to address any immediate welfare needs. They should restrict their role to the provision of welfare only.

15 7.5 Consideration should be given to an early conferring warning. 7.6 The PIM will undertake / facilitate and record the following actions: Identification of the principal officers. 7.7 During a post incident investigation, the independent investigative authority will, at an early stage, wish to identify the Principal Officers. 7.8 A Principal Officer is any officer or member of staff who is most involved in, or affected by, the incident. 7.9 In many cases the principal officers will be those; who were at the scene and in contact with the person who is deceased or seriously injured; whose actions or omissions may have been a cause or a contributory factor to the outcome; performing a command and control role in respect of that incident The final decision as to who is a principal officer lies with the IPCC or DPS SIO. Principals should be decided by the PIM in consultation with the Duty Officer / TFC / SIO / Fed. Any dispute is for ACPO to resolve. Attend PIP Location and confirm principal officers have been transported there 7.11 Key police witnesses / police staff should not be required to remain at the immediate scene any longer than necessary. The PIM should ensure that all involved personnel have been relocated to the Post Incident Location B/OCUs should consider designating in advance a location as a post incident site. The advantage of having a pre-arranged site is that when an incident occurs all personnel know immediately the location to attend. Key witnesses should not wait in canteens, where colleagues may naturally be discussing the incident, but instead be sited in a private, comfortable environment with access to refreshment and washing facilities (where appropriate). Key witnesses should be put in a private, comfortable environment, they should NOT be confined The PIM should record their decision making regarding separation as discussed at paragraphs 5.7 to Issue Conferring Warning 7.14 When officers have been involved in an incident or critical operation and are required to provide an account of the event, they should avoid conferring with other officers The PIM has a responsibility to remind officers of the following at the earliest opportunity:

16 As a matter of general practice, an officer should not confer with other officers prior to making their personal account. This applies whether an initial or subsequent account is to be provided or not. The officer should individually record what their honestly held belief of the situation was at the time the event took place. There may however be a need speak to one another to resolve an ongoing operational or safety matter. The important issue is to individually record what their honestly held belief of the situation was at the time of the incident. There should, therefore, be no need for an officer to confer with others about what was in their mind at the time force was used (or if the incident did not involve the use of force, what was in their mind at the time of the situation). If, however, in a particular case a need to confer on other issues does arise, then, in order to ensure transparency and maintain public confidence, where some discussion has taken place, officers must document the fact that this has taken place, highlighting: time, date and place where conferring took place the issues discussed with whom the reasons for such discussion The PIM should ensure that officers are reminded of these requirements before they commence their initial or subsequent account The conferring warning as described above should also be given to officers / staff at the earliest opportunity and prior to the PIM arrival if it is practical to do so. Whoever gives the warning should record the time and exact wording used. Welfare & Support 7.18 The PIM must ensure that the appropriate Police Friend, Police Federation / Union representative has been contacted and, if the key witnesses desire, their attendance at the PIP requested. Officers / staff should be reminded that support is also available via the recognised diversity staff support associations, and that they are entitled to legal advice. In all cases obtaining an initial post incident account and/or the investigative process will not be delayed to await the arrival of a Federation or Union representative. The PIM is to facilitate notification of the key witness s families where appropriate. Arrangements should also be made to ensure their safe return home following the PIP. The PIM is responsible for ensuring a mandatory referral is made to the on-call Occupational Health-Trauma Support Advisor and where applicable arrange for a post-incident debrief for the Key police witnesses / staff as soon as practicable Where necessary Special Constables are able to access legal advice via a Home Office funded scheme for any 'on duty' involvement in a death following police contact The PIM will complete an initial risk assessment in the PIM log to cover officers / staff involved in the incident. The result of such an assessment will allow the PIM to facilitate any appropriate control measures to ensure the safety and well being of the officers / staff and, if relevant, their families. This risk assessment

17 remains an ongoing duty until the inquiry is complete. The PIM will consider and grant where necessary administrative leave on the grounds of welfare following the completion of the DPS SIO's initial inquiries The B/OCU should consider whether the families of the officers and staff involved will require extended welfare, medical and professional support from the force occupational health and welfare advisers. Families should be alerted to the possible reactions of those involved in such incidents and be afforded the opportunity to discuss this situation If the risk assessment is considered to be high risk, the security of an officer s home should be considered at an early stage. Appropriate measures, such as the installation of a panic alarm direct to the nearest police station and improved locks may be considered. Facilitate the Investigation 7.23 It is the PIM s responsibility to facilitate the investigation whilst ensuring the integrity of the process. This includes: arranging the medical examination facilitating the provision of accounts and obtaining PIM basic facts (see below) facilitating the seizure of any clothing or equipment Medical examination 8.1 It may be necessary for officers to be examined by a Forensic Medical Examiner (FME). Officers who have been involved in an incident where force was used should be examined by a registered medical practitioner as a matter of course, subject to their consent, as they may have suffered an injury of which they are not aware. All officers should check for such injuries to themselves and their colleagues. 8.2 Where a registered medical practitioner is called to examine an officer, they should be briefed about the background of the incident and the reasons for the examination. Any other information or personal circumstances which may be relevant to the examination should also be provided. The most appropriate supervising officer to brief the registered medical practitioner may be the PIM or a member of their team. The content of any outline of the incident given to the registered medical practitioner must be documented. 8.3 Officers should not be examined as a matter of course to establish fitness to make notes. Providing accounts 9.1 Officers and staff should realise that their involvement in a police related death does not automatically imply a degree of blame in the person's death, they will be treated as witnesses. If the IPCC or DPS SIO has grounds to suspect a criminal offence or misconduct breach then the person(s) concerned will be treated in

18 accordance with the Police and Criminal Evidence Act 1984 or police misconduct procedures / Police Staff Discipline Policy. Should these circumstances arise the PIP will not take place for officers or staff in that category, although they remain entitled to legal and federation / union advice as below. 9.2 Where an initial account is made by key police witnesses this should, subject to any legal advice that they are given, be made as soon as practical. These accounts should be recorded in writing in an MG11 as appropriate, timed, dated and signed. E&ABs should not be used. Each officer's account should only consist of their individual recollection of events and should, among other things, address the question of what they believed the facts to be at that time and why if relevant, they considered that their use of force was necessary, or if no force was used in the incident what rationale they considered for any actions they took. 9.3 The DPS SIO / IPCC and the PIM will negotiate the timings of when notes are written, and the extent of the content, will depend upon the circumstances of the incident. Any initial notes provided must contain enough detail for the SIO to direct the investigation. The initial notes should comply with Stage 3 of the note directions at paragraphs 9.11 and Effects of Trauma on Memory 9.4 A person involved in a traumatic or life-threatening encounter will often experience a range of physiological and psychological responses which may determine their perception of time, distance, auditory and visual stimuli and the chronology of key events. This may affect their ability immediately after the incident to recall what may be important detail. Where, over time, officers recall further information, this should be recorded in a further account. Stages 9.5 In order to clarify the purpose and status of the information provided, it may be helpful to consider the provision of information and accounts chronologically as a staged process. It is recognised that the particular circumstances of the incident may make it unnecessary or inappropriate to include one or more of the stages outlined. Where a key police witness is unfit to make a personal initial account then stage three will not be appropriate. Where a key police witness is suspected of a criminal or misconduct offence then stages three or four will not apply. Stage 1 - Situation Report 9.6 Following a DSI incident, Met CC must be informed immediately. This notification is likely to be provided by radio communication from an officer at the scene of the incident. The information provided should be sufficient to provide a situational report which will enable management of the ongoing incident and assist officers in discharging their post incident responsibilities. Stage 2 - PIM Basic Facts

19 9.7 The PIM is responsible for establishing the basic facts of what happened. Where possible, this information should come from a source other than a principal officer. This is most likely to take place at the nominated post incident location, where the basic facts will be provided by an individual who is willing to supply them. The basic facts will be provided (subject to legal advice where appropriate) in either verbal or written format. A federation / staff association representative may also be present. The basic facts obtained by the PIM should, where possible, be sufficient to: confirm which officers were involved in the incident; describe in brief the role(s) of those involved in the incident; confirm, if relevant, who used force. 9.8 The basic facts recorded or received by the PIM should be confirmed with the person providing them to certify accuracy, and should be timed, dated and signed by the PIM. The original record should be handed to the independent investigatory authority at the earliest opportunity. A copy should be retained by the PIM and the person providing the basic facts. Basic facts from the principal officer 9.9 Where the only person able to provide the basic facts has been, or may be, identified as a principal officer, the PIM should: offer them the opportunity to take legal advice before obtaining the information be aware of the need to take only basic information record, date and time all information provided It may be the case that this is the first account that the principal officer has given this will mean that the account will be disclosable in court and any differences between this and the officer s later account may be challenged. The use of a proforma to obtain or document the PIM basic facts is not appropriate. Stage 3 - Personal Initial Accounts 9.11 Subject to legal and medical advice, officers or staff should provide a personal initial account of the incident before going off duty. Each officer s initial account should consist only of their individual recollection of events and should be written, signed and dated Detailed accounts will be made later. The purpose of the personal initial account is to record their role, what they believe to be the essential facts and should, where relevant, outline the honestly held belief that resulted in the use of force, if used. The same guidance relating to conferring applies to both personal accounts and detailed accounts. Stage 4 - Detailed Accounts, Statements and Police Witness Interviews

20 9.13 Detailed accounts should not normally be obtained immediately. They can be left until the officers involved in the incident are better able to articulate their experience in a coherent format. This is usually after at least forty-eight hours The detailed account should include, if relevant, why the witness considered the use of force to be absolutely necessary. Statements 9.15 The IPCC may wish to have detailed statements from witnesses. These statements may be taken by the IPCC or be provided by the witness themselves. The manner in which the statements are obtained or provided will be decided by individual witnesses subject to the level advice they receive. Police staff and contracted staff will usually have their statements taken. Where officers decide to provide their own statements, these should be (except in exceptional circumstances) submitted to the IPCC as soon as practicable and as agreed with the IPCC. Police Witness Interviews 9.16 Under Paragraph 19F(3) of Schedule 3 to the Police Reform Act 2002, the IPCC has a power to compel police witnesses to attend an interview. Where this power is invoked, and the police witness is unable to attend an interview on the date requested, or agree an alternative date, the witness must propose a reasonable date and time within 5 working days of the date specified by the investigator. Police witnesses may be accompanied during the interview, and cannot be compelled to answer questions during that interview. The manner in which a police witness provides their detailed account will be subject to the legal advice they receive. Integrity 9.17 There is a positive obligation on both the police service and officers involved to ensure that all activity relating to the recording of accounts is transparent and capable of withstanding scrutiny. Where an officer has concerns that the integrity of the process is not being maintained, they must immediately draw this to the attention of the person in charge of the post incident process and ensure that this is documented. Appointed Officer 9.18 Consideration should be given to appointing an 'appointed person' to supervise / oversee the note taking process. The appointed officer should be appointed in addition to the PIM and should be, where practicable, of substantive inspector rank and have not held an operational or investigatory role in the originating incident. Their responsibility for ensuring the compliance with guidance begins when the principal officers arrive at the post incident suite. It includes supervising those principal officers while personal initial accounts and detailed accounts are made (unless such accounts are provided during an interview or are recorded). Their role should include but not be limited to:

21 explaining the conferring guidance to principal officers ensuring that any conferring that takes place is compliant with this policy and documented by those conferring preventing any inappropriate conferring (e.g. related to an individual s honestly held belief at the time of the incident) ensuring that any reference material used by the officers is secured and handed to investigators against a receipt / exhibit number documenting the process by which accounts are provided (including interruptions, breaks and abstractions) ensuring that all accounts are time stamped by those making them as soon as practicable after completion A DPS officer may perform the role of appointed officer. This may be considered with agreement of the PIM, the DPS SIO and/or IPCC Where access to the Post Incident suite is requested by the Independent Investigatory Authority or Initial Investigating Officer, such access should be provided. This access should be managed so as not to adversely impact upon the Post Incident Process or the welfare of Principal Officers, and will not relate to medical examinations or consultation with legal or staff association representatives. Seizure of clothing, exhibits and samples 10.1 An initial requirement of the DPS SIO / IPCC will be to secure and preserve all available evidence The seizure of MPS clothing / equipment will be considered in every case but is not undertaken as a matter of routine The DPS SIO / IPCC will explain to the PIM the investigative rationale for the seizure of any items from officers or police staff. The PIM should record details of rationale given It is sometimes necessary to physically take possession of garments and equipment in the possession of officers and staff and it is recognised that this requirement can cause a degree of anxiety. In the event that replacement clothing is issued these items should not be forensic suits except in exceptional circumstances. In such cases practical arrangements will need to be made to provide alternative clothing The seizure powers under PACE 1984 are not used as part of the PIP process. PIP is used for officers and staff who are considered as witnesses Officers and staff can be required at any time to hand over any MPS clothing and equipment. (This applies in any situation and is not a unique feature of a police related death). The PIM will ensure the controlled handing over of items in the presence of and to the designated DPS Exhibits Officer. The seizure of MPS clothing / equipment is not undertaken as a matter of routine.

22 10.6 Officers / staff can additionally provide personal items or other exhibits by consent. An individual's voluntary consent may prove beneficial as the analysis of the items supplied can demonstrate that their involvement with the deceased was professional and thus curtail any allegation or suggestion of malpractice. In cases where voluntary supply is sought the DPS SIO will liaise with the individual officer / staff member via the PIM and their representatives as appropriate, fully explaining the rationale for the request. Other considerations 11. CCTV and other recorded media 11.1 Custody, Station Office, or other closed circuit television (CCTV) or recording devices are to be secured and ideally remain in operation. This includes vehicle mounted cameras, until they are downloaded / seized, if necessary, by the DPS Exhibits Officer. The exception will be if the recording is made on a loop style recording which overwrites data with the passage of time. Any recordings made on portable equipment should remain at the original scene and be removed only on the express direction of the DPS SIO If an MPS vehicle is involved in a DSI incident the IDR should be activated Body worn camera footage will be secured by DPS for evidential purposes. Community impact assessment 12.1 In every incidence of a death following police contact, the potential for damage to community relations must be subject to a Community Impact Assessment (CIA). B/OCUs are generally best placed to produce the CIA. The B/OCU is encouraged to contact their own Independent Advisory Groups (IAG), Community and Police Consultative Groups (CPCG) or equivalent group, community leaders and where relevant, the Independent Custody Visitors. The CIA should be revisited and reviewed at regular intervals. DPS will attend Gold Groups or otherwise interact with the local community as required. Media 13.1 All initial communication and media strategies must be agreed following consultation between B/OCU SLT, DMC and DPS SIO or IPCC. All agreed press statements should be made known to principals or their representative and the PIM at the earliest opportunity and before publication The PIM will facilitate ongoing DMC liaison and advice to officers / staff where necessary DPS SIO or IPCC are responsible for all media lines. Debriefing

23 14.1 Following any policing incident or operation there may be a need for a debrief due to operational necessity or to capture any organisational learning. This will be subject to national guidance which is currently in development. However, under normal circumstances, no debrief is to be conducted prior to officers completing their initial or detailed accounts Only in exceptional circumstances to relay situational and safety critical information should an immediate operational debrief take place when the criteria for post incident investigation have been met (see section 4, Criteria for a Post Incident Investigation). This should only be with the agreement of the DPS SIO and or the IPCC There may be an urgent operational need to debrief surveillance logs in proactive operations. In these circumstances, a 'controlled' debrief may take place (separate guidance is currently being developed in conjunction with SC&O35 in relation to the debrief of surveillance logs in DSI incidents which will provide detail about what constitutes a 'controlled debrief'). This should not commence until the DPS SIO / police SIO and IPCC have been consulted and agreed on the terms of reference of the debrief Once a critical incident has concluded, a full debrief should be considered to identify opportunities for operational and organisational learning. Large or protracted operations should include arrangements for a specific debriefing session so that good practice or areas for development related to command structure, tactics or equipment used can be identified and lessons learned. Debriefs should be documented There are a range of issues that may be addressed during the debriefing process, but not all will be required in every situation. Each has a different but equally important purpose. These are operational and tactical, organisational and evidential It may be appropriate to undertake an Organisational Learning debrief when the criteria for post incident investigation has been met and an independent investigation has commenced Organisational Learning debriefs provide an opportunity to identify potential safety related improvements. Where conducted in the context of a post incident investigation, careful facilitation and identified terms of reference are required in order to ensure that the matters discussed do not compromise the independent investigation Such a debrief should only be undertaken once detailed accounts or evidential statements have been provided to the independent investigative authority and an indication has been given that, having considered the evidence available at that stage, there is no suggestion of criminal action or misconduct on the part of any of those attending the debrief. Where such criminal acts or misconduct have been identified this should be taken into account in determining whether a debrief is appropriate. It may also be appropriate to obtain legal advice.