Source · IOPC Learning Case

Recommendations - Cheshire Constabulary, May 2022

Cheshire Constabulary Ref: 2021/156927 Recommended 3 May 2022 Response due 28 Jun 2022

Custody and detention Death and serious injury

Case background

Text published by the IOPC.

At approximately 2.50pm on 7 August 2021, Cheshire Constabulary received a report that a Ford Kuga was being driven erratically. The vehicle was described as having mounted the curb on a number of occasions and gone the wrong way around a roundabout.

At approximately 3.04pm, uniformed patrols stopped the vehicle. Officers suspected that the passenger had attempted to conceal an item when the vehicle was stopped and so they conducted a search at the roadside. The search was negative and so officers decided it was necessary to take the man for a strip search.

The man was taken to Winsford Police Station in the rear of a police transit van and taken to a voluntary interview room. Immediately prior to the search, the man produced a small package which he told officers contained heroin and had been concealed on his person. Officers arrested him on suspicion of possessing drugs. The search did not reveal any further drugs.

At approximately 3.44pm, an officer who was with the man notified the control room that he was fitting and unconscious. An ambulance was requested, and, in the meantime, CPR was performed. Upon arrival, paramedics took over first aid and took the man to hospital. He subsequently died on the morning of 8 August 2021.

Recommendations and responses

2 indexed

Recommendation 1

Link to recommendation · Accepted

Addressed to: Cheshire Constabulary

Linked bodies: Cheshire Constabulary

IOPC recommendation

The IOPC recommends that Cheshire Constabulary should take steps to ensure officers, including those who perform the role of the ‘force locum’, are aware of their responsibilities after a death or serious injury (DSI) occurs following police contact. In particular, officers should understand the importance of:

- Determining as soon as practicable whether to commence a post-incident procedure (PIP) after becoming aware of a DSI
- Providing a non-conferring notice to officers involved in a DSI as soon as practicable after the incident, and where appropriate prior to a decision being made about a PIP being commenced
- Clearly documenting the time that decisions and directions are made following a DSI.

This follows an IOPC investigation where it was identified that it was several hours before a decision was made for a PIP to be held. There was an entry on the incident log, but the process was started before that point however this is not documented and therefore it was unclear when the non-conferring notice was given. During that time the officers remained unadvised and able to confer if they had chosen to do so, although they did have their bodyworn video on throughout.

Response published by the IOPC

Do you accept the recommendation?

Yes

Accepted action:

The force has delivered a Post Incident Procedure training session which was open for all in relevant roles to dial into, which is recorded and available for viewing at a later date. This is found on our internal website and was delivered by the force lead PIM and can be found at the following internal URL:

2021-01-20 - Post Incident Procedures 20 January 2021

Additionally, an Incident Command Card on the force internal website has been created which explains the PIP process, the importance of determining as soon as practicable whether to commence a PIP after becoming aware of a DSI, as well as details of conferring notices and exactly when and how they should be issued as well as links to all relevant APP and guides. It can be found at the following internal site:

On Call - Post Incident Management

All officers who perform locum duties are expected to have read it and to understand the process and be able to execute it. The example wording of the non-conferring notice is highlighted on the site and how it should be recorded. All policies have been updated to reflect this.

Regular CPD events for officers who complete duty locum cover are being arranged and based on this recommendation a refresher of PIP procedures and policies will be placed into the training cycle.

The Cheshire Constabulary PIP (policy)was last reviewed in March 2022.

Check the original case on the IOPC website

Recommendation 2

Link to recommendation · Accepted

Addressed to: Cheshire Constabulary

Linked bodies: Cheshire Constabulary

IOPC recommendation

The IOPC recommends that Cheshire Constabulary should take steps to ensure officers understand that when they have detained a person under stop and search powers and identified the need for a strip search, APP states they must consult a supervisor prior to carrying out the search. Consideration should be given to:

Updating policies and procedures to provide clear guidance to officers about consulting a supervisor prior to carrying out a strip search. Any updates to policy should be in line with Authorised Professional Practice.

Reviewing training to take into account any changes to policy.

Informing officers of the force’s position regarding consulting a supervisor prior to carrying out a strip search

This follows an IOPC investigation where an individual was taken to be strip searched however there was no evidence indicating that the officer who decised to carry out a strip search consulted with or sought authorisation from a supervisor prior to carrying out the search. The current policy was not clear as to what was required from the officer however the APP states ‘Officers identifying a need for a search exposing part of the body (EIP or strip search) must consult a supervisor prior to carrying out the search, to explore the reasons why it is necessary and proportionate in the circumstances’.

Response published by the IOPC

Do you accept the recommendation?

Yes

Accepted action:

In March 2022 through weekly orders which are expected to be read by all employees refreshed guidance on Stop Search was publicised and included and overview of a recent stop search of a child case, a pocket guide on three levels of intrusiveness which makes it clear that a supervisor must be consulted with to authorise a strip search.

The material is found at:

Weekly Orders 12, 2022

The Cheshire Constabulary guidance document for stop and search below has been updated to include the chart and provides an in depth understanding of stop and search within the county.

Stop Search training is regularly reviewed and particularly when there has been a change in policy/guidance.

Cheshire Police training on Stop and Search is in line with national APP.

Check the original case on the IOPC website