Policy Scope:

This policy covers all staff but particularly those dealing with arrested or detained persons.

Policy Aims and Objectives:

The aims and objectives of this policy are to:

• Ensure investigative integrity, transparency and accountability during the initial actions after a death during police custody.
• Ensure that South Yorkshire Police meets the requirements of Home Office Circular 13/2002: Deaths in Police Custody: Deaths of Members of the Public During or Following Contact with the Police.
• Ensure that South Yorkshire Police complies with the ACPO policy on the Investigation of Deaths Following Contact with the Police.
• Ensure compliance with the Police Reform Act 2002.
• Bring South Yorkshire Police in line with the Independent Police Complaints Commission requirements for investigating deaths in custody.
• Establish clear instructions for dealing with a death in police custody

Associated Procedural Instructions:

This policy is supported by the following procedural instructions:

Dealing with Deaths in Police Custody - Instructions D50251

See also:

Critical Incident Reporting In Custody Suites D50380

Human Rights/Discretion:

The purpose of providing policy is to give an indication to staff of the expected course of action. However it is not possible to cater for every possible combination of factors that would justify a departure from stated policy. The Human Rights Act 1998 requires the proper use of discretion at all times and nothing within this policy and associated procedural instructions prohibits the proper use of discretion in appropriate circumstances.

Where action is taken that has the potential to interfere with an individual’s Human Rights, the reasons behind the making of the decision to act in that way should be recorded on the appropriate forms, or where this is not practicable, in pocket books or policy logs.

Freedom of Information Act 2000:

Exemptions do not apply to this statement of agreed policy under the Freedom of Information Act 2000.

Management of Police Information (MoPI):

These instructions fall within MoPI: Yes

When implementing this policy/procedural instruction all SYP staff must comply with MoPI requirements if practicable

• Record all information obtained in the implementation of this policy/procedural instruction on to the relevant system as soon as practicable in accordance with the requirements of the relevant business area and the Government Protective Marking Scheme (GPMS).
• To avoid unnecessary duplication, before creating a new record, check that the information is not already recorded within that system AND ensure any record created identifies the source (where possible), recorder, recording date and purpose.
• Where potential intelligence is identified as a result of processing information, this may, in appropriate circumstances, be submitted via a National Intelligence Record (NIR, CID 122). Intelligence gathered, which forms part of ongoing PSD casework must not be disseminated outside of PSD without the prior approval of the Head of Professional Standards.
• Where possible and with the prior agreement of the Head of Professional Standards if it relates to ongoing PSD casework, encourage information sharing within the service and with partners, see D50745 Information Sharing Agreements and D50746 Information Sharing Agreements – Instructions.
• Ensure that all your actions in implementing this policy/procedural instruction comply with D51361 Data Quality, Data Protection Act 1998, Human Rights Act 1998, Freedom of Information Act 2000.

For more details about MoPI, see D50744 Management of Police Information and Guidance on The Management of Police Information (2006) issued by ACPO/Centrex.

Audit Review Arrangements:

Review annually by Professional Standards Department, Complaints and Discipline Section.

Rights of redress for members of the public:

Anyone who feels that a member of staff has behaved incorrectly or unfairly, or who is dissatisfied with organisational matters, service delivery or other operational policing issues, has the right to make a complaint.

Initial action should be taken in one of the following ways:

• Complain in writing or in person to the Senior Officer at the appropriate police station or to the Chief Constable of the force concerned.
• Visit a local Citizens' Advice Bureau
• Contact a Solicitor
• Contact the Independent Police Complaints Commossion (IPCC)

Rights of redress for South Yorkshire Police personnel:

South Yorkshire Police personnel who feel they have grounds for concern in relation to the implementation of policies may, as appropriate:

• Pursue concerns through their line manager.
• Contact a First Contact Advisor.
• Pursue a grievance formally through the South Yorkshire Police Fairness at Work Procedure.
• Seek advice from their staff association or trades union.

• Use procedural instruction D50241 Management of Complaints, in the section entitled Handling Complaints relating to Direction and Control.