WIREDGOV

The Independent Police Complaints Commission (IPCC) is today issuing for consultation draft statutory guidance on police post-incident management, designed to achieve best evidence in investigations of deaths or serious injury.

For some time now the IPCC has raised concerns over procedure around initial steps taken by the police in obtaining and preserving evidence following a death. The IPCC therefore decided to develop guidance to police to cover all aspects of post-incident management, including conferring and the separation of officers.

The draft IPCC guidance states that:

• Police witnesses should be instructed not to speak (or otherwise communicate) about the incident in question;
• Police witnesses should be kept separate until after their detailed individual factual accounts have been taken;
• Any conferring between witnesses has the potential to undermine public confidence.

The draft guidance also sets out that the IPCC expects that anyone who has been involved in or has witnessed a death or serious injury in a professional capacity should co operate fully with the investigation, and that failure to do so damages not only the effectiveness of the investigation but the public’s confidence in the police service as a whole.

Dame Anne Owers, Chair of the IPCC, said:

"We know that the actions taken by police in the immediate aftermath of a death or serious injury have huge ramifications for our investigations, and for any subsequent proceedings. The issue of conferring in particular has the potential to undermine the integrity of their evidence and to damage public confidence in the investigation.

"For the same reasons, the draft guidance states that policing witnesses (which includes officers and staff) must provide their accounts promptly, before going off duty.

"The guidance also states that the public rightly expects that those who witness a death or serious injury in a professional capacity should cooperate fully with an investigation, and that failure to do so damages not only the effectiveness of the investigation but also the public’s confidence in the police service.”

"Under the Police Reform Act, the police must have regard to our statutory guidance, once it is agreed.  Failure to do so will be part of our findings and conclusions in investigations, and could be used in evidence in any disciplinary proceedings.”

Under section 22 of the Police Reform Act 2002, the IPCC is able to issue statutory guidance to the police on the exercise or performance of certain police powers under the Act.   It must first consult with ACPO and others, and the Home Secretary must then approve the guidance.   Once issued, the guidance provides an expectation of what police should do, against which the IPCC will make findings in its appeals and investigation work.

The guidance takes effect from the moment a death or serious injury comes to the attention of the police, therefore before the matter is brought to the attention of the IPCC