Cheshire Constabulary
Police / Law Enforcement
Action Taken
Cheshire Constabulary has reviewed its suspect policy and procedure, introduced in August 2023, and now specifies that when a decision is made not to take further action against a suspect, they must be updated at the earliest practicable opportunity or within 48 hours. (AI summary)
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Dear Madam, Re: Inquest in relation to the death of John Condron Response to Regulation 28 Report/Prevention of Future Deaths
Thank you for your report dated 6th October 2023, under paragraph 7, Schedule 5 of the Coroners and Justice Act 2009 and Regulations 28 and 29 of the Coroners (Investigations) Regulations 2013 in relation to the death of Mr Condron, whose Inquest was heard between 22nd and 25th September 2023.
Your report contains the following matters of concern:
(1) I received evidence confirming the absence of any agreed protocol relating to timescales for a suspect to be informed by the police of a decision to take no further action in respect of allegations made against them. At the conclusion of the Inquest, it was confirmed that this was the position both at the time of Mr Condron’s death in November 2017 and at the conclusion of the Inquest in September 2023.
(2) I received evidence that at a National Level, the Victim’s Code of Practice provides that a victim has a right to be informed of key decisions in an investigation within 5 working days, or within 1 working day if they are eligible for Enhanced Rights. This includes a decision by the police to take no further action in respect of the allegations they have made. There is no such code of practice in respect of informing suspects of the same.
(3) I have concerns that further self-inflicted deaths will occur in circumstances where a suspect is not informed, within a specified time period, of a decision to take no further action in respect of allegations made against them’.
Cheshire Constabulary Headquarters, Clemonds Hey, Oakmere Road, Winsford, Cheshire, CW7 2UA - Email: Mark.Roberts@cheshire.pnn.police.uk
Response to the Regulation 28 concerns:
Our responses to the specific matters of concern set out in your Report are detailed below:
To our knowledge, there is no national protocol in relation to timescales for informing suspects of a ‘NFA decision’. It is correct that victims of certain specified offences are classed as having ‘Enhanced Rights’ enshrined in the Victim’s Code for Policing, produced by the College of Policing, that prescribes that Enhanced Victims are informed of key decisions (when a suspect is arrested/interviewed under caution; released without charge; released on police bail or under investigation; when a suspect’s bail conditions changed or cancelled; when a suspect is charged; or when a decision is made not to investigate, or a decision is made not to prosecute/ or to decision to administer an out of court disposal) within 24 hours. The Constabulary has now reviewed the existing Suspect Policy and Procedure, that was originally introduced in August 2023 (in order to address the management of suspects in line with Force Crime Investigation Policy and Authorised Professional Practice), and the policy now specifies:
‘As part of the bail management process all Supervisors must ensure that bail is reviewed in terms of appropriateness, ongoing compliance and impending key dates. In line with investigation management policy, supervisors must complete a review after 14 days and then every 30 days after however these are latest dates, reviews can be completed more often’, and furthermore ‘Where an NFA decision is reached in relation to a suspect, they must be updated at the earliest practicable opportunity or within 48 hours and this must be documented on the OEL’.
The expectation is that all NFA decisions shall be communicated to suspects no later than 48 hours post-decision (in cases where Officers make that decision, and also those cases where a decision is made by the Crown Prosecution Service, as in this instance). This ought to minimise the time taken to reduce any delays in informing suspects of an NFA decision. In this case of course the CPS had determined that Mr Condron was to be charged with offences of Harassment, Assault, and Coercive and Controlling Behaviour and would have faced criminal proceedings in any event.
Cheshire Constabulary Headquarters, Clemonds Hey, Oakmere Road, Winsford, Cheshire, CW7 2UA - Email: Mark.Roberts@cheshire.pnn.police.uk
Thank you for your report dated 6th October 2023, under paragraph 7, Schedule 5 of the Coroners and Justice Act 2009 and Regulations 28 and 29 of the Coroners (Investigations) Regulations 2013 in relation to the death of Mr Condron, whose Inquest was heard between 22nd and 25th September 2023.
Your report contains the following matters of concern:
(1) I received evidence confirming the absence of any agreed protocol relating to timescales for a suspect to be informed by the police of a decision to take no further action in respect of allegations made against them. At the conclusion of the Inquest, it was confirmed that this was the position both at the time of Mr Condron’s death in November 2017 and at the conclusion of the Inquest in September 2023.
(2) I received evidence that at a National Level, the Victim’s Code of Practice provides that a victim has a right to be informed of key decisions in an investigation within 5 working days, or within 1 working day if they are eligible for Enhanced Rights. This includes a decision by the police to take no further action in respect of the allegations they have made. There is no such code of practice in respect of informing suspects of the same.
(3) I have concerns that further self-inflicted deaths will occur in circumstances where a suspect is not informed, within a specified time period, of a decision to take no further action in respect of allegations made against them’.
Cheshire Constabulary Headquarters, Clemonds Hey, Oakmere Road, Winsford, Cheshire, CW7 2UA - Email: Mark.Roberts@cheshire.pnn.police.uk
Response to the Regulation 28 concerns:
Our responses to the specific matters of concern set out in your Report are detailed below:
To our knowledge, there is no national protocol in relation to timescales for informing suspects of a ‘NFA decision’. It is correct that victims of certain specified offences are classed as having ‘Enhanced Rights’ enshrined in the Victim’s Code for Policing, produced by the College of Policing, that prescribes that Enhanced Victims are informed of key decisions (when a suspect is arrested/interviewed under caution; released without charge; released on police bail or under investigation; when a suspect’s bail conditions changed or cancelled; when a suspect is charged; or when a decision is made not to investigate, or a decision is made not to prosecute/ or to decision to administer an out of court disposal) within 24 hours. The Constabulary has now reviewed the existing Suspect Policy and Procedure, that was originally introduced in August 2023 (in order to address the management of suspects in line with Force Crime Investigation Policy and Authorised Professional Practice), and the policy now specifies:
‘As part of the bail management process all Supervisors must ensure that bail is reviewed in terms of appropriateness, ongoing compliance and impending key dates. In line with investigation management policy, supervisors must complete a review after 14 days and then every 30 days after however these are latest dates, reviews can be completed more often’, and furthermore ‘Where an NFA decision is reached in relation to a suspect, they must be updated at the earliest practicable opportunity or within 48 hours and this must be documented on the OEL’.
The expectation is that all NFA decisions shall be communicated to suspects no later than 48 hours post-decision (in cases where Officers make that decision, and also those cases where a decision is made by the Crown Prosecution Service, as in this instance). This ought to minimise the time taken to reduce any delays in informing suspects of an NFA decision. In this case of course the CPS had determined that Mr Condron was to be charged with offences of Harassment, Assault, and Coercive and Controlling Behaviour and would have faced criminal proceedings in any event.
Cheshire Constabulary Headquarters, Clemonds Hey, Oakmere Road, Winsford, Cheshire, CW7 2UA - Email: Mark.Roberts@cheshire.pnn.police.uk