Source · IOPC Learning Case

Recommendation - Derbyshire Constabulary, October 2020

Derbyshire Constabulary Ref: 2019/127778 Recommended 7 Oct 2020 Response due 2 Dec 2020

A number of officers carried out a search of domestic premises during which a man was restrained. Four officers were equipped with body worn video (BWV) but each of them turned off their equipment at various stages of the search. At a later point the man who had been restrained became unwell. Officers provided first aid and an ambulance attended. The man was taken to hospital where he was pronounced dead. Because the officers had turned off their BWV there …

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Recommendations

1 total

Recommendation 1

The IOPC recommends that even in the case of lengthy and complex searches Derbyshire Police should ensure that at least one officer will be recording the event using Body Worn Video (BWV) at all times. During the course of the investigation it became evident that the four officers equipped with body-worn video (BWV) had switched their devices off at various stages during the search. This resulted in there being no BWV coverage of the interaction between the officers and the deceased in the period immediately preceding him becoming unwell. The College of Policing Authorised Professional Practice on Body-Worn Video states that "Evidentially and for the purposes of continuity, all officers equipped with BWV and engaged in a search should ensure that their BWV equipment is switched on and recording prior to entering the premises and remains so during the entire searching process." Derbyshire Police guidance however states that "When conducting a premises search, body-worn video can be used to show the entry and a pre and post search walk through. The filming of an entire search from start to end would produce a large amount of data, that requires storage and reviewing (CPIA guidance) and should be subject to a policy decision and not necessarily the norm so as to minimise collateral intrusion." Do you accept the recommendation? Yes

Addressed to: even in the case of lengthy and complex searches Derbyshire Police

Linked bodies: even in the case of lengthy and complex searches Derbyshire Police

Accepted

Force response

Accepted action: The recommendation will be accepted as it falls directly in to the ethos and purpose of BWV, which is to bring about efficiency in the Criminal Justice process, by presenting evidence that is not available elsewhere. Derbyshire Constabulary has in place a BWV policy and procedure document. The procedure document in its current state is not explicit in use and application of BWV in the circumstances explored in this said investigation. Derbyshire Constabulary is currently in the process of rolling out a new solution/device and in doing so be re writing/amending the procedure document to ensure this recommendation is fully captured together with other necessary changes.