Deaths in Police Custody
Deaths in Police Custody
Specialist Legal Support for Bereaved Families
We have a long history of helping families to secure justice and accountability for the death of loved ones in police custody or following contact with the police.
It is important to us that you remain at the heart of the process and are in as much control as you can be at this exceptionally difficult time.
We recognise that every bereaved family and every case is different, and we ensure that we tailor our advice and support to your needs.
How we can help
Our team of specialist lawyers have significant experience of acting in these important and complex cases. We can support you through investigations by the Independent Office for Police Conduct (IOPC) and the inquest, as well as discussing other avenues for redress.
We are known for our work representing bereaved families following:
- Police shootings
- Deaths following use of Taser or other weapons
- Restraint-related deaths
- Deaths during police pursuits
We can also act where police may have neglected the welfare of the person who died, failed to act on a known risk of suicide, or discriminated against the person who died.
We also help families in cases where the authorities failed to protect their loved one from a known risk, including:
- Women killed by violent partners
- Disabled people killed after bullying and harassment
- People killed after racist attacks
We regularly advise in inquests concerning deaths in other forms of state detention, such as in mental health settings, we are well placed to assist where there may have been failings by multiple state bodies.
What to expect
The process following a death in police custody is likely to have a number of different stages. We would suggest that you seek advice as early as possible. The below is just a very brief overview.
1. Initial Investigations
Usually, the coroner will open and adjourn the inquest while the Independent Office for Police Conduct (IOPC) investigates. This investigation must be capable of identifying what happened and who was involved but will focus on whether the police officers met the appropriate standards. The IOPC should gather all relevant evidence, including CCTV, documents, and witness evidence. They will interview officers under criminal caution if appropriate.
We can assist you by making enquiries with the IOPC about the progress of the investigation and making representations on your behalf about steps to be taken.
2. IOPC Report and Possible Misconduct or Criminal Proceedings
Once their investigation is complete, the IOPC will produce a report. They can refer those involved to the Crown Prosecution Service (CPS) to consider criminal charges (e.g. murder, manslaughter, or causing death by reckless or dangerous driving) and/or recommend misconduct proceedings be brought against an officer.
We can advise you on whether the IOPC and/or CPS have made the right decision, and on whether you are able to challenge it.
3. The Inquest
A copy of the IOPC report will be sent to you and the coroner. The coroner will usually use the report to help them identify the issues that the inquest may need to address.
The purpose of an inquest is to establish the cause of your loved one’s death. This is likely to include in what circumstances they came by their death and whether state failings played a role.
Once the inquest has resumed, you can have your say either in writing or at a ‘pre inquest review hearing.’ We can make representations on your behalf to ensure that your concerns are at the forefront of the coroner’s mind, as well as on specific issues such as which witnesses should be called at the final hearing, or whether expert evidence is required.
The final inquest hearing will usually be before a jury who will hear evidence from witnesses and consider written documents and reach a conclusion.
4. Prevention of Future Deaths
If the coroner thinks there is a risk of further deaths, then they must make a report to those with the power to make changes to prevent such deaths. This is often called a regulation 28 report or a ‘PFD’ (prevention of future deaths) report. All those who receive such a report must respond to it either stating what changes they will make or explaining why no changes are necessary.
Beyond the Inquest: Accountability and Redress
We can also help you in the other processes that arise after a death including bringing compensation claims and securing policy changes.
Legal Aid and Funding
Usually where someone has died in police custody or where there are other concerns about the police’s interactions with the person who died, a family member will be entitled to legal aid funding. This is not means tested, so you will not need to show that you are financially eligible for legal aid.
Get expert advice
Please complete our new enquiries form and a specialist solicitor will review your enquiry, and we will respond as soon as possible within two working days.
If you’d prefer to speak with someone, please call us on 020 7407 0007 and mention that your enquiry relates to a death or inquest.