Police Custody

Over 1,400 people in England and Wales have died in police custody or following contact with the police since 1990. Some of the better known include: Jean Dorothy, ‘Cherry’ Groce, Cynthia Jarrett, Blair Peach, Jean Charles de Menezes, Andrew Kernan, Harry Stanley, Mark Duggan, and Ian Tomlinson. Not one officer has been convicted of manslaughter in 22 years.

But let’s go by the numbers: A study by the Independent Police Complaints Commission (IPCC) examined a total of 333 deaths in custody between 1998/1999 and 2008/2009. Most were a result of self-inflicted wounds, overdose, suicide or so-called “natural causes”. In at least eleven cases, however, physical restraint and violence were determined to be the primary cause of death, according to the Independent Advisory Panel on Deaths in Custody. In addition, there have been reports that police and medical officials have classified deaths which might have resulted from violence during the arrest or in custody as “unknown” or “by natural causes”. When Ian Tomlinson was beaten by a police officer during the G20 protests in London in 2009 ( later dying from his wounds), the cause of death was classified as “unknown”. The Crown Prosecution Service, the government agency tasked with opening criminal proceedings, declined to investigate the case. Another study, which examined deaths in custody between 1990 and 1996, found that up to 8% of deaths were due to physical violence, often from police officers at the scene of arrest or place of custody.

Race, too, is an important factor. Tensions between police and minority communities are well documented, manifesting on a daily basis in stop-and-searches and racial profiling. Black people and other minorities are more likely to be arrested, more likely to be physically abused, and more likely to face prison sentences than caucasians. It is no surprise, then, that black prisoners are almost eight times as likely to die as a result of police actions than white detainees. As the Police Complaints Authority acknowledges, “a disproportionate number of people who die in custody or specifically following restraint are from minority ethnic groups.”

Police are clearly aware of their misconduct. The IPCC report found that standard police procedure was breached in 91 cases, by failing to administer first aid, for example, by excessive restraint or violence, or by failing to tend to prisoners considered ‘at risk’ because of alcohol, drugs, or mental health concerns. As the report concludes, “the acquittal rate of police officers and staff members is therefore very high despite, in some cases, there appearing to be relatively strong evidence of misconduct or neglect.” The Tomlinson case is a good example of breaching police protocol, both in relation to the treatment of prisoners and in the maintenance of internal checks and balances. Simon Harwood, the officer accused of killing Tomlinson, has a long disciplinary record bordering on psychopathy (including several cases of unjustified violence against arrestees). He had even resigned from the Metropolitan Police prior to facing disciplinary action in 2001, but due to a lack of oversight described by the IPCC as “simply staggering”, he was allowed to rejoin the police and deployed in a riot squad.

Little has been done to address past injustices or change the culture of impunity in the police force. Of the 333 reported deaths in police custody between 1998 / 1999 and 2008 / 2009, only 67 cases were referred to the Crown Prosecution Service. Seven of those 67 led to prosecutions, and one led to a conviction. The officer, who had watched cartoons with colleagues while a prisoner known to be at risk of suicide hanged himself in his cell, received a verdict of no: “misconduct in public office”.

Criminal prosecution, however, is not the only way to address police misconduct. Police authorities can also initiate disciplinary action or misconduct hearings, in an internal process that largely evades public scrutiny. To date, little is known about this (in fact, police have not released information of whether disciplinary action was taken in around half of the 333 cases). This is what we do know: Between 2004 / 2005 and 2008 / 2009, 44 cases resulted in disciplinary proceedings against 114 police officers. Only three received reprimands, further illustrating the lack of accountability within the police force.

Usually, a public prosecutor confronted with 11 proven violent deaths, or with 333 cases that might involve criminal liability, who failed to secure a single conviction, would be exposed to severe criticism and public scrutiny. An employer who failed to take allegations of misconduct or sexual abuse seriously, and failed to initiate disciplinary proceedings, would see their reputation tarnished and their company sued for criminal neglect. Evidently, different standards apply when the perpetrators wear a badge and a uniform. Those who enforce the law continue to operate outside it, and hide behind the institutional culture of impunity.

By Martin Eiermann