Police Law Blog European Decisions Statutory Materials

The independent review into serious incidents and deaths in custody

Written by: Edward Pleeth
Published: 7 December 2017

The Independent Review into Serious Incidents and Deaths in Custody undertaken by Dame Elish Angiolini is an important work, making 110 recommendations for improvement. The following paragraphs address some of the key-findings relevant to the police

On 23 July 2015, the then Home Secretary, the Rt. Hon Theresa May MP announced a major review into deaths and serious incidents in police custody. In October 2015 Dame Elish Angiolini was appointed as its independent chair.

The independent review was tasked with looking at the issues surrounding deaths and serious incidents in police custody. This included the events leading up to such incidents as well as existing protocols and procedures designed to minimise the risks. It looked at the immediate aftermath of a death or serious incident and the various investigations that ensue. Importantly it also examined how the families of the deceased are treated at every stage of the process.

The report, which was published on 30 October 2017,  makes 110 recommendations for improvement, categorised under twelve thematic headings: restraint, custody environment, health and wellbeing, funding for families and family support, communications, investigations, coroners and inquests, accountability, training, learning, statistics and research.

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Changes to police powers relating to mental health and places of safety

Written by: Amy Street
Published: 29 November 2017

On 11 December 2017, significant amendments will come into force altering the power of the police to detain people who appear to be suffering from mental disorder. This blog post is intended to highlight the fact of the amendments, outline some key changes and point to sources of further information.

The relevant powers are currently contained in sections 135 and 136 of the Mental Health Act 1983 (“MHA”). Section 135 requires the grant of a warrant by a magistrate; s136 does not.

From 11 December 2017 there will be in force:

  • amendments to ss135, 136 and 138;
  • new regulations, namely the Mental Health Act 1983 (Places of Safety) Regulations 2017 (setting out circumstances in which a police station may be used as a place of safety; requirements when a police station is used as a place of safety; and persons to be consulted) (“the Places of Safety Regulations 2017”).

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Costs and Compensation in Closure Orders

Written by: Anthony Searle
Published: 27 November 2017

Where the police are unsuccessful in a closure order application there is no presumption that there be no order compensating the Respondent for financial loss. Unlike when considering the position on costs, the court’s focus on an application for compensation should be on the respondent’s behaviour, not that of the police, so held the Administrative Court in R (Qin) v Commissioner of Police of the Metropolis [2017] EWHC 2750 (Admin).

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Tagging requirements in SOPOs are lawful

Written by: Cecily White
Published: 19 November 2017

In R (on the application of Richards) v Chief Constable of Cleveland Police (UKSC 2017/0090) the Supreme Court has refused permission to appeal against the imposition of a tagging requirement in a Sexual Offences Prevention Order (“SOPO”).  The undisturbed judgment of the Court of Appeal in R (on the application of Richards) v Teesside Magistrates’ Court [2015] EWCA Civ 7; [2015] 1 WLR 1695 endorses (and perhaps extends) the purpose and effect of imposing qualified restrictions on sex offenders.

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