What are the article 2 criteria that the state must do post incident?
INITIATIVE - be on the states own initiative
INDEPENDENT - be independent, both institutionally and in practice
IDENTIFICATION - be capable of leading to a determination of whether the force used was justified in the circumstances and to the identification and accountability of those responsible.
PROMPT - be prompt
PUBLIC SCRUTINY - allow for sufficient public scrutiny to ensure accountability
PARTICIPATE - Allow for NOK to participate
When should a post incident investigation commence in a firearms incident?
All situations where there has:
- Been a discharge of a weapon by the police (including less lethal)
- Whether intentional or not
Which has or may have:
- Resulted in death or serious injury
- Revealed failings in command
- Caused danger to officers or the public
What is a key police witness?
- Police officers and staff
- Who can give direct evidence of the circumstances leading to the discharge of a firearm or less lethal weapon
- It is a flexible definition
Give example of who key police witnesses could be following a firearms incident?
- Officers who discharged weapons
- Officers who immediately witness the discharge of weapons
- Those who authorised or command the deployment of firearms officers
- Those who provide tactical advice
As the investigation unfolds, others involved in the operation may become key police witnesses.
What are the reasons for separating key police witnesses?
- Criminal
- Conduct
- Inappropriate conferring
As PIM who should you make contact with when called out?
- PIM team/appointed officer
- Fed/Unison
- Chief officers
- TFC/SFC
- IIO
What do you need to know on your initial briefing as a PIM?
Situation report
Who and where are the key police witnesses
Has conferring advice been given?
Who should the AO not be?
- Someone also having an investigative/operational role in the incident
Who could the AO be?
- Appointed by chief officer
- Where practicable be Insp or above
- Where practicable be a trained PIM
What should the AO do?
- Establish legal status and identity of KPW
- Ensure access to legal rep and staff associations
- Explain conferring guidance
- Prevent inappropriate conferring
- Ensure all conferring is APP compliant
- Document process by which accounts are provided incl conferring
- Ensure all accounts are time stamped by those making them
- Ensure ref material used by officers is secured and handed to lead investigator
What are the welfare and weapons considerations?
- Placement/security of KPWs weapons and equipment
- Human dignity (soiled/bloody clothing)
- forensic procedures - update staff
- Wash/showers
- Takes measures to ensure physical and emotional wellbeing of staff involved
- FME/FMO
- Food and drink
- Phone calls home - don’t talk about incident
- Legal advice
If an officer does confer, what are the four points to document?
- Time date and place where conferring took place
- The issues discussed
- With whom
- The reasons for such discussion
When should we separate?
When it is:
- Safe
- Necessary
- Practical
When is separation necessary?
- Criminal offence committed by a KPW
- Disciplinary offence committed by KPW
- Inappropriate conferring despite advice
If we decide not to separate, what must we do?
Record rationale for any decision to or not to separate KPW
What measures can we take to protect identities?
- Use anonymous references
- Secure and restrict access to systems and docs containing details
- Maintain list of names in marked envelope
- Advise all officers of their responsibility to maintain confidentiality
What should we consider when having contact with the IIO?
- Requests
- Clothing
- Blood/swabs
- breath tests procedures
- question legality
- CSI/ to PIM suite - ensure briefed and find out expectations
- Facilitate continuity of evidence secured at PIM suite
- Record all requests, decision and actions
What are the 4 stages?
- Situation report
- PIM basic facts
- Personal initial account
- Detailed accounts
How much information should the situation report contain?
Sufficient info to allow them to:
- Manage ongoing incident
- To assist them to discharge their post incident responsibilities
- To inform the IOPC about the incident
Can a KPW view another KPWs BWV?
Yes - where two officers were acting in close proximity and the officer’s BWV did not record
Who should conduct an organisational learning debrief?
A PIM who has knowledge of local and national guidance relevant to the incident who did not perform an operational or command role in said incident.
Or trained de-briefer supported by a PIM.
When should a OLDP take place?
Only after:
- Evidential statements have been given to the IOPC
- Where there is no suggestion of criminal action or misconduct
- Legal advice
- IOPC/SIO consulted
- Observations and objections documented
What is the guidance around conferring?
Officers and staff should not confer before they make their accounts
Important that KPWs individually record their honestly held belief
There is no need for them to confer with others about what was in their mind at the time
However guidance shouldn’t prevent officers from relaying operational or safety critical info
If an officer does need to provide info then to ensure transparency and public confidence
We should document it has taken place
Time date, place where it took place
The issues discussed
With whom
Reasons for such discussion
What should the PIM basic facts contain?
Be sufficient to:
- Confirm which officers were at the scene or involved in the incident
- Describe in brief the roles of those at the scene or involved in the incident
- Confirm who discharged their weapons/or where relevant who used force
