Form 6.2 | Response |
SHERIFFDOM OF SOUTH STRATHCLYDE, DUMFRIES AND GALLOWAY AT
HAMILTON SHERIFF COURT
|
Court ref: HAM-B412-21 |
RESPONSE |
to the |
DETERMINATION OF SHERIFF NICOLSON |
UNDER THE INQUIRIES INTO FATAL ACCIDENTS AND SUDDEN
DEATHS ETC. (SCOTLAND) ACT 2016 |
IN THE |
INQUIRY INTO THE DEATH OF JAMES KELLY MACGREGOR |
To: The Scottish Courts and Tribunal
Service
1.
The
Chief Constable, being a person to whom a recommendation under section 26(1)(b)
was addressed, do respond as follows.
2.
The
Chief Constable was a participant in the inquiry.
3.
It
is noted that Version 13 of the Care and Welfare of Persons in Custody Standard
Operating Procedure (SOP) was considered throughout this Fatal Accident Inquiry
(FAI). Each Police Scotland SOP is continually reviewed and amended taking
account of learning opportunities and recommendations to improve practices and
procedures. Since 2019, the Care and
Welfare of Persons in Custody SOP (‘the SOP’) has undergone a number of
improvements and the current Version 18 of the SOP was published on 27 July
2022. The recommendations made as a result of the inquiry into the death of
James Kelly MacGregor have provided further learning and opportunity for
improvement. The changes proposed in response to the recommendations from this
inquiry will result in the publication of version 19 of the SOP.
a. A review of the training
of officers should take place to ascertain whether specific and sufficient
reference to the SOP is included. Thereafter consideration should be given to
officers being tested as part of their training, potentially by way of open
book examination, in order to ascertain whether they are familiar with
referencing the SOP and have basic knowledge of the SOP.
4.
All
officers receive lessons on searching during the two-day Operational Safety
Training recertification course. During this course the principles of safe and
effective search are taught, and the SOP is referenced throughout the course.
The introduction of an assessment of physical search is being considered.
5.
Successful
completion of the three day ‘Custody Officers Induction Course’ (COI) is a
prerequisite to the deployment of officers and staff operating within custody centres. The COI course covers all aspects of the SOP.
6.
The
course is designed and relies on the provisions of the Criminal Justice
(Scotland) Act 2016 and the National Decision Making Model which has integrity,
fairness, respect and human rights at its centre.
7.
Police
Scotland can confirm that ongoing formative assessment throughout the course by
instructors is augmented by a final summative assessment for all students. The
assessment consists of fifty eight questions based on a case study. Candidates are required to select true/false
responses in relation to statements made based on the case study. There is an
80% pass mark. The course is subject to review following the publication of
each iteration of the SOP. Course
content is also reviewed following relevant determinations and recommendations
published at the conclusion of FAI’s, Police Investigations and Review
Commissioner Investigations, His Majesty’s Inspectorate of Constabulary in
Scotland Inspections and internal Procedural Reviews.
8.
While
in-depth training and assessment on the SOP is provided to relevant officers,
it is not considered proportionate to provide an extensive level of training to
all officers. However, the principles of the SOP are covered during the
Prisoner Rights, Care and Welfare lessons delivered to all officer recruits.
This unit has a related theory knowledge check and related questions feature
within the final theory exam. A review of these questions will be undertaken to
ensure suitability following the findings of this FAI.
b.
Consideration
should be given to inclusion of the mouth and ears as part of the initial
search of a person in police custody.
9.
Within
the ‘Initial Apprehension of a Person’ section of the SOP, where it states that
a thorough and discreet search must take place, the following wording will be
included: ‘Consideration should be given to request that a person opens
their mouth and hands.’ The proposed wording will ensure a level of
consistency with other Police Scotland SOPs and remove conflicting guidance.
10. Within the ‘Standard Search’
section of the SOP where it states: ‘The person should be visually examined
to identify any likely places of concealment’. Consideration will be given
to extending this sentence to include reference to the ears.
11. This section of the SOP will
also be amended to reiterate that standard searches should include
consideration of open mouth and hands.
c.
The
SOP should provide that, where a cage van is being used for the carriage of
prisoners, the escort will occupy the seat nearest the cage, unless it is not
feasible to do so, so that they may keep the prisoner under observation at all
times. Rear facing seats should be kept accessible and in use at all times
unless it is not feasible to do so.
12. The current iteration of the
SOP states that ‘the escort will ideally occupy the seat nearest the cage so
that they may keep the prisoner under observation at all times.’ The word ‘ideally’ will be removed from this
sentence.
13. During the existing
Operational Safety Training (OST) courses, explicit reference is made to the
direct and constant observation of those being carried within caged vans;
utilising the rear-facing/nearest seat to the internal sliding door. All vehicles within the Police Scotland
fleet, including caged vans, allow constant observation of a conveyed person.
14. During OST courses and annual
recertification courses the issue of keeping rear facing seats clear will be
addressed.
d.
When
police officers are tasked with monitoring persons in police custody, they
should maintain their attention on that person. The SOP should be reviewed to
consider whether they should include guidance on being alert to any situation
arising which impacts on their ability to maintain concentration, such as
officers taking turns in maintaining observations during any extended delay in
the process.
15. The current iteration of the
SOP states that: ‘All persons must be subject to reasonable and
proportionate control at all times. If the person cannot be processed
immediately, arresting/escorting Police Officers must remain with them and
ensure that they are properly controlled and monitored.’ Additional wording
to this paragraph will include specific instruction that ‘arresting/escorting
officers must remain alert at all times and not be distracted by mobile devices
or other activities.’
16. A further addition will
provide that ‘consideration should be given to relieving escorting officers
who are supervising persons in custody if there is any excessive delay during
booking in processes.’
e.
Where
an officer is monitoring a detained person, the officer should not make use of
a mobile telephone or other device unless it is strictly necessary for
operational reasons at that time. Where an officer requires to use such a
device in these circumstances, they should bring this to the attention of any
accompanying colleague in order that the colleague can maintain attention to
the detained person; and the officer should end their use of the device as soon
as practicable possible.
17. This recommendation will be
incorporated fully within the revised iteration of the SOP. Reference is made
to the response to Recommendation d.
NOTES |
(Please refer to section
28 of the Act. A person to whom a recommendation has been addressed under
section 26(1) of the Act, if they were also a participant in the inquiry, is
under a legal duty to respond to those recommendations in writing. Persons
who were not participants but to whom recommendations have been directed are
encouraged to respond, though they are not obliged to. |
The response must set out– |
(a) details of what the respondent has done
or proposes to do in response to the recommendation, or |
(b) if the respondent has not done, and
does not intend to do, anything in response to the recommendation, the
reasons for that. |
A response must be given to the Scottish Courts and Tribunals Service
within the period of 8
weeks beginning with the day on which the respondent receives a copy of the
determination in which the recommendation is made. |
The response
may be published, though you may make representations to SCTS as to the
withholding of all or part of the response from publication. |
A response made
under section 28(1) is not admissible in evidence, and may not be founded on,
in any judicial proceedings of any nature). |