Stop and search, Harlesden - Metropolitan Police, October 2018
On 4 October 2018, a man was stopped by MPS officers in North-West London. Officers attempted to detain the man, during which time force was used to bring him to the ground. One officer discharged incapacitant spray directly towards the man’s face at close range, after which he was arrested and detained. The man was arrested for possession of cannabis, obstruction of a drugs search, two counts of assault on police, and on suspicion of grievous bodily harm (GBH), relating …
Recommendations
2 totalThe IOPC completed five investigations involving the stop and search of Black men by MPS officers. The following 11 learning recommendations are made under paragraph 28A of Schedule 3 of the Police Reform Act and are informed by the collective evidence gathered in these investigations. Each recommendation is cross-referenced with the investigations that informed it. Read our recommendations. Do you accept the recommendation? Yes
Accepted action: The Metropolitan Police Service responded in a letter that covers all 11 learning recommendations.
The IOPC recommends that Metropolitan Police Service officers ensure that all detainees are informed as soon as practicable if the charges against them change and that this is reflected in the relevant documentation. Our investigation found that a man was arrested on suspicion of GBH (for an offence occurring in April 2018) because an officer believed from his previous knowledge of the man’s record that he was a current suspect for that offence. However, the investigation found that the arresting officer, after receiving the results of a PNC check before reaching the police station, became unsure regarding the man’s status as a wanted suspect for this offence. The officer said he received confirmation that the GBH charge was not being pursued about half an hour after arriving in custody. The man told us he was unaware that he was not being investigated for this offence until his solicitor told him, by which time he’d already been in custody for “a few hours”. Whilst police records state that officers were instructed to de-arrest for the GBH offence, the investigation found that it was unlikely the man was informed that he was no longer under investigation for this offence prior to the arrival of his solicitor, or at any time by police officers or staff whilst in custody. This appears to have cause significant distress to the man and he made a complaint to the IOPC about this. Our investigation also found that documentation stating the reasons for the man’s arrest was inconsistent and unclear. The GBH charge appears on initial records, with no documented rationale for the absence of it from subsequent documents. Witness accounts from officers who may have been involved with managing this documentation also failed to clarify when it was removed, or who removed it. Whilst policies and legislation do not appear to specifically address the need to keep detainees informed of any changes in the offences they are being charged with, PACE Code C does state that detainees have the right to be informed of why they have been arrested and detained; it stands to reason that this right applies throughout any changes to the charges and that the detainee should be informed accordingly. This should be reflected in any relevant documentation to ensure a clear handover between members of custody staff, and that any further proceedings are properly informed.
Recommendation accepted: The MPS has reviewed and accepts the IOPC’s recommendation. The current General Investigation Policy, specifically the Suspect Management Process section, has been reviewed and amended to reflect the IOPC’s recommendation. The wording of the policy now states: 19.10 If you have arrested a person on suspicion of their involvement in an offence and, subsequently, you become aware of circumstances which indicate that the charges or allegations against the suspect have changed, these must be clearly communicated to the suspect and, if applicable, their legal representative. If this means that the person is no longer a suspect for an offence then you must take appropriate action, as soon as practicable, to de-arrest that person. 19.11 The same circumstances as described in section 19.10 above must also be relayed to the custody detention officer / sergeant so they can update the NPIS custody record in relation to that suspect and make a decision on either the continued detention or release of that person depending on the circumstances. 19.12 As per section 19.10 and 19.11 above, if you are due to hand over the responsibility of the suspect to another investigating officer, you must inform them of this fact so they are aware of their responsibility to inform the suspect and custody officer if not done already. 19.13 As per section 19.10 above, the corresponding CRIS record, where the named suspect’s details are recorded, must also be amended to ensure that the suspect is now ‘eliminated’ and the justification / reasons for that elimination are also recorded. This will be completed before the end of April 2021. Once the amendments have been made, an operational notice will be published on the MPS internal website reminding officers of their responsibility to inform suspects, as soon as practicable, if the charges against the suspect change.