01504 PROCEDURE – RESPONSE TO DEATH OR SERIOUS
INJURY OF A MEMBER OF THE PUBLIC DURING OR
FOLLOWING POLICE CONTACT (DSI) – REFERRAL TO THE
IPCC
Version: 6.0
ECHR
1.
Last Updated: 24/12/12
Review Date: 20/04/17
Potential Equality Impact Assessment: High
About This Procedure
1.1.
Increasing public confidence in the independence, accountability and
integrity of the police complaints system will depend on the public
seeing an effective response to the most serious incidents.
1.2.
The appropriate authority must refer to the IPCC specified complaints
or incidents that could damage public confidence in policing.
1.3.
Mandatory referrals, along with other cases that the appropriate
authority may decide to refer to the IPCC, help the police to
demonstrate openness.
1.4.
These arrangements ensure that the IPCC can oversee such
investigations with the appropriate level of external involvement.
2. Risk Assessments / Health and Safety Considerations
2.1.
A death or serious injury in police custody, or during/following police
contact, is an extremely traumatic event for all concerned including
family and friends of the deceased or injured person, the arresting
officers, and custody staff.
2.2.
THE PRESERVATION OF LIFE IS A PARAMOUNT CONSIDERATION
THROUGHOUT.
2.3.
Immediate consideration must be given by the most senior officer
present to declare the matter a critical incident.
3. Procedure
3.1.
As the “appropriate authority”, Professional Standards Department
must refer any complaint where there is an allegation that the conduct
complained of has resulted in death or serious injury.
01504 PROCEDURE – RESPONSE TO DEATH OR SERIOUS
INJURY OF A MEMBER OF THE PUBLIC DURING OR
FOLLOWING POLICE CONTACT (DSI) – REFERRAL TO THE
IPCC
3.2.
This includes any complaint that alleges that the police failed to take
action which could have prevented someone’s death.
3.3.
The appropriate authority also has a duty to refer a recordable conduct
matter if it relates to an incident or circumstances in which any person
has died or suffered serious injury, for example lack of response to a
missing person report or threats to someone’s life.
3.4.
Article 2 of the Human Rights Act 2000, ECHR, sets out that
everyone’s right to life shall be protected by law. It places an obligation
on the state not to take life, to protect life and to ensure there is an
effective official investigation into deaths resulting from the activities of
state bodies.
3.5.
Cases when Article 2 may be engaged are those where there is:

fatal use of force;

potentially fatal use of force;

a death or serious injury in custody or while under arrest or
otherwise detained by a person serving with the police;

a failure by the state to investigate adequately criminal use of
force by a third person resulting in a death where the state
knew or ought to have known that there was a real and
immediate risk to the life of the deceased from the criminal
actions of a third party and failed to take reasonable steps to
prevent the death.
3.6.
It may also be engaged in fatal road traffic incidents involving the
police.
3.7.
A DSI matter arises where there has been no complaint or recordable
conduct matter but the circumstances are such that a person has died
or sustained serious injury and the police are involved in one or more of
the ways defined in the Police Reform Act.
3.8.
The statutory provisions are as follows:
a.
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 custody of a person
01504 PROCEDURE – RESPONSE TO DEATH OR SERIOUS
INJURY OF A MEMBER OF THE PUBLIC DURING OR
FOLLOWING POLICE CONTACT (DSI) – REFERRAL TO THE
IPCC
serving with the police; or
3.9.
b.
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 of his or her
duties as a person serving with the police.
c.
“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.
The above wording means that a DSI matter can arise either during or
after contact, which can be either direct or indirect. There must be an
indication that the contact directly or indirectly caused or contributed to
the death or serious injury.
4. Roles and Responsibilities
4.1.
In all cases of death or serious injury, whilst under arrest or otherwise,
detained or during or following police contact where a causal link is
apparent, PSD must be notified immediately.
4.2.
It is the responsibility of PSD to make the referral to the IPCC, following
consultation with the DCC or force Gold (dependent on the time of
day).
5. Administration
5.1.
Administration procedures will be dealt with by PSD.
6. Monitoring and Evaluation
6.1.
The Detective Chief Inspector, PSD, is responsible for ensuring that the
procedure is monitored and evaluated for compliance.
01504 PROCEDURE – RESPONSE TO DEATH OR SERIOUS
INJURY OF A MEMBER OF THE PUBLIC DURING OR
FOLLOWING POLICE CONTACT (DSI) – REFERRAL TO THE
IPCC
7. Review
7.1.
Annual review
8. Other Related Procedures, Policies and Information Source
8.1.
IPCC Statutory Guidance
Revised Statutory Guidance (link)
8.2.
Information Sources
8.2.1.
AD203 – Equality Impact Assessment
Origin: Professional Standards