This section gives you specific information about the investigation of deaths that occur in police custody or following police contact. You should read this section with the general sections in the guide.
What is a death in police custody or following police contact?
It is when someone dies during, or immediately following, contact with the police during the course of arrest, on the street, in a police van, by police shooting, during police pursuit, in a police station, and deaths in hospitals of those who had previously been in police custody. The definition of “immediately following contact” is quite limited, and you may need further advice if you think that contact with the police prior to someone’s death should be taken into account.
Will there always be an inquest?
A death in police custody or following police contact is always referred to the coroner for an inquest to be opened. An inquest will usually take place if there has been some other contact with the police immediately before the death. If you believe a death should have been referred to a coroner but has not, then you should take advice or contact INQUEST and your local coroner’s office.
If there is a criminal prosecution arising from the investigation of the death, the coroner will decide whether there needs to be an inquest after the criminal trial is over.
In the majority of deaths in these circumstances there will be an article 2 inquest (see Section 1.3). When someone dies in custody or following contact with police officers there should be a thorough investigation involving the family, which must look at what happened and whether there were any individual or systemic failings that contributed to or caused the death.
Should I contact INQUEST?
Yes, INQUEST is the only independent organisation that works with families following a death in police custody or following police contact and can provide advice and support throughout the whole process and with help in finding a solicitor who can assist you. INQUEST’s specialist advice service and its associated policy work means it can provide helpful background – for example information about other deaths in similar circumstances, relevant policies and practices on the care of detainees in police custody, inquest verdicts, etc.
Will there be a post-mortem?
Yes. It is usual practice that there is a post-mortem done almost immediately – usually within 24-48 hours. This will be carried out by a Home Office pathologist instructed by the coroner. Sometimes two pathologists will be present at the initial post-mortem – one for the Chief Constable of the police force involved (or in London, the Metropolitan Police Commissioner) and one for the coroner. The police officers involved may also have a representative at the post-mortem.
Because the post-mortem happens very quickly following a death, families are often unaware that it is taking place, or have not had the chance to take advice. If you have any concerns about the way someone died you may need to think about whether a second post-mortem should be carried out (see Section 2.2). This is particularly important in cases following the use of force by police officers, e.g. use of restraint or firearms.
What if I am too late for a second post-mortem?
If it is not possible to hold a second post-mortem because the funeral has already taken place, it is still possible to get an independent pathologist to review and comment on the original post-mortem.
Should I contact a solicitor?
In most cases, yes. It can really help you play a part in the inquest process. These are complex and difficult situations and you will need good advice. You should contact INQUEST who will either work with your own solicitor to help if they have not dealt with a death in police custody before or put you in touch with a solicitor who has specialist experience. You will need to talk to the solicitor at the beginning about legal funding. Your solicitor should take a detailed statement from you about what you know about the circumstances of the death and your concerns. If you have not found a solicitor immediately you should keep a note of all the information relevant to the death so you can make a statement to your solicitor when you have one.
Will the Independent Police Complaints Commission (IPCC) be involved?
Yes. The IPCC is the public authority with responsibility for the investigation of deaths in this area. Where any death follows police contact and that contact may have caused or contributed to the death the police are under a duty to refer the matter as soon as possible to the IPCC.
This includes:
- Fatal police shootings.
- Deaths in police custody.
- Deaths during contact with the police orimmediately afterwards where a link betweenthe contact and the death can be established.
- Road traffic deaths where there has been a police vehicle involved.
The IPCC may undertake an independent investigation itself, or it can manage a police investigation. Other investigations will be carried out by the police. If you are unhappy with the decision as to who investigates you can raise the matter directly with the IPCC or take legal advice.
In all cases there will be a named IPCC Commissioner who has overall responsibility for the investigation. In an independent investigation the Commissioner will appoint an IPCC Investigator to carry out the investigation supported by other IPCC staff.
What sort of an investigation will the IPCC conduct?
IPCC investigators should take evidence from people involved in the events leading up to the death. They should examine all relevant documentary evidence, for example custody records and medical records, as well as looking at any CCTV footage and examining other physical evidence. The evidence gathered during the course of this inquiry forms the basis of the IPCC investigator’s report that then goes to the IPCC Commissioner along with the documentary evidence. The Commissioner is responsible for approving the report which will then go to the coroner.
In a case where the IPCC is managing a police investigation the IPCC retains overall responsibility for the investigation. You can read about the work of the IPCC on their website.
Will family members give statements to the IPCC?
The IPCC may want to interview key family members or friends so that they can build up a picture of the person who has died to help them understand what happened. Families can often find this difficult and intrusive unless it is done with great sensitivity. If you are not sure why you are being asked for information, it is important that you ask the investigator to explain. It is a good idea for families to arrange to see the investigators with their solicitor, or to prepare a statement with their solicitor to give to the IPCC investigator. An INQUEST caseworker may be able to attend this meeting.
You can ask the IPCC to investigate particular aspects of the death, if they are not already doing so – which they may or may not agree to. This is where an experienced solicitor can help you in deciding whether there are other things you want the IPCC to do.
How long does the IPCC investigation take?
There is no set timescale for how long the investigation should take to complete – but you should expect it to take at least six months. The IPCC guidance states that the family should be told at the start how long it is likely to take and be given regular updates on its progress.
The investigation report may be sent to the Crown Prosecution Service (CPS). This will depend on the evidence and the IPCC’s judgement. The CPS will then decide whether any criminal charges should be brought against anyone involved. Prosecutions are extremely rare. If the CPS decides not to prosecute, you are entitled to be given the reasons in writing. If you are not happy with the decision, you should take legal advice. After the CPS has made a decision – and in all cases where the CPS hasn’t been involved – the investigation report will be sent to the coroner. The very fact that an inquest is held means it has already been decided no one is criminally responsible for the death based on the information available. This can be reviewed after an inquest and will be reviewed if there is a verdict of unlawful killing.
Are any other inquiries carried out?
If there is going to be an inquest, the coroner will then decide if more inquiries need to be made in addition to those carried out by the police. The coroner will already have the relevant documents from the IPCC investigation. You and your solicitor may also identify other people or evidence that you will want the inquest to consider, for example particular experts or policies. The coroner will then set a date for an inquest. This can be months or even years after the death occurred.
What information will I be given during the IPCC investigation?
In an independent investigation, a Family Liaison Manager (FLM) will be assigned to you by the IPCC. Their job is to ensure good communication between you and the investigator. You should be given regular information about how the investigation is getting on, at least every 28 days.
You may also want to get the FLM to arrange one or more formal meetings with the IPCC Commissioner and Investigator to check on progress and raise your concerns.
Will I be able to find out the results of the IPCC investigation?
You will be able to ask for access to the evidence gathered during the investigation. The IPCC has a policy about disclosing information before an inquest, called “Making Information Available” (PDF).
Disclosure of the report should happen as early as possible, but at least 28 days before the inquest. The IPCC should decide what evidence they are willing to disclose to you but as a courtesy they will normally seek the agreement of the coroner. The IPCC may not agree to you seeing all the documents until they have completed their report, or not at all. This is something a solicitor working for you can advise you on further.
The IPCC can decide not to disclose information prior to the final report being completed if they believe to do so would cause harm. For example, this might happen if disciplinary action or criminal charges could be affected if something is disclosed too soon. If you were also a witness to the death and are going to give evidence, the IPCC may not be willing to disclose other information to you in advance. In practice the IPCC may not make full disclosure at an early stage. You and your solicitor will need to contact them to ensure that you receive relevant access to documents and other material such as CCTV footage.
Once it has been decided to go ahead with the inquest and all other procedures have been completed, you can ask to see the documents gathered during the investigation. Disclosure can assist lawyers in preparing for the inquest and in ensuring all relevant evidence is called. This is particularly important in contentious cases where use of experts may assist the jury in deciding on verdicts – e.g. those involving police shooting or use of restraint.
Can I use these documents for campaigning or talking to the media before the inquest?
No. You are given the documents on a confidential basis and they can only be used for preparing for the inquest. If you are in contact with INQUEST, you can give your solicitor permission to share the report with your caseworker and it will be treated with the same rules of confidentiality that apply to you and your solicitor. It is important not to disclose anything publicly which could be seen to influence the verdict at the inquest. If you are thinking about making a press statement it is wise to talk to your solicitor and INQUEST first.
Will any decision be made about disciplinary action against the police officers involved?
Once the investigation has taken place the IPCC will state whether they believe there has been a breach of the Police Code of Conduct and whether to recommend any disciplinary action against any of the officers involved. If the police force concerned does not agree, the IPCC has the power to enforce their recommendations. A decision may be made before the inquest or it may happen afterwards.
Who will be represented at the inquest?
This will vary depending on the circumstances of the death and in some cases there will be a lot of different lawyers representing different parties. Apart from the family of the deceased, the Chief Constable of the police force involved (or in London, the Metropolitan Police Commissioner) is usually legally represented. Very often individual police officers are also represented separately by lawyers paid for by the Police Federation. If a Forensic Medical Examiner (police doctor) has been involved they may also be represented, and also ambulance and hospital staff if the deceased was taken to a hospital before death. If the deceased had previous medical or mental health history then the NHS Trust may also be represented.
Is there any other action we can take after the inquest?
See Section 4.4: After the inquest. You may also want to raise any concerns about what happened after you have heard all the evidence at the inquest.
You could consider contacting:
- The Home Office Minister responsible for the police.
- Your MP
- The media.
You can discuss these options with your legal representative and with INQUEST.
Who else might help?
INQUEST. Other family campaigns and/or support groups on the links page.
