CPS updates deaths in custody legal guidance
Stephen Parkinson, Director of Public Prosecutions, said: "Criminal prosecutions brought against police officers for actions taken in the course of their duties are extremely rare and these decisions are only made after careful consideration of all the relevant evidence and circumstances.
"It is crucial that police officers are able to use their powers with legal certainty and clarity, always balanced with the public’s need to see the highest levels of scrutiny and accountability.
"At the request of the Attorney General, and to ensure the public can have confidence in the way the CPS reaches its decisions, I have now reviewed our relevant legal guidance in this area and made changes where relevant within the law.
“It is important to ensure the independence and quality of CPS guidance and decision making provides assurance both to police officers and the public in these complex cases which have profound implications for all those affected by them."
The changes also give some further clarity for the public and police on considerations prosecutors make with regards to police training.
As part of the review the CPS engaged with the National Police Chiefs Council, the Police Federation of England and Wales, the Police Superintendents’ Association, the Association of Police and Crime Commissioners, as well as other stakeholders.
Notes to editors
There are three key pieces of guidance for cases involving the police. They are:
- Deaths in Custody
Road Traffic: Fatal Offences and Bad Driving
Handling of Allegations of Criminal Offences against the Police
Changes include:
Deaths in Custody guidance: Updates confirm that a prosecutor can request updates from the Independent Office for Police Conduct (IOPC) during the investigatory stage to support timely charging decisions at the conclusion of their investigation; that the reviewing lawyer must certify in their charging decision that there has been an effective and thorough Article 2 investigation; that prosecutors should consider whether there is a realistic prospect of being able to disprove the defence of self-defence and/or defence of another; and that if an inquest returns a finding of unlawful killing, the prosecutor should consider if any new evidence affects charging decision.
Reviewing our Road Traffic: Fatal Offences and Bad Driving guidance and asking our prosecutors for an operational view as to whether the new standard for police driving introduced in 2023 (the standard of a careful and competent constable driving for police purposes who has received the prescribed training) should lead to any amendments. We have not identified any Court of Appeal decisions that have considered this standard nor failed cases which have prompted any obvious changes to the guidance.
- The CPS has also:
Contributed to and welcomed a review of IOPC practice to ensure cases only come to the CPS when the IOPC believes they have met the threshold for a criminal prosecution. Previously the IOPC had to bring cases even where it was not certain that was the case. This will not change the threshold for prosecution which has always been the same.
Created a guide for the families of anyone who has died as a result of police contact explaining the process and the way CPS will reach a decision, including an offer to meet a lawyer.
Continued to revise our Memorandum of Understanding with the IOPC and this work with be finalised once any new legislation has been enacted.