UK deaths in custody

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Deaths in custody, including police and prison custody, are subject to great concern for a number of reasons, including the intrinsically vulnerable nature of some of those in custody, and the power imbalance inherent in the situation. Deaths in custody in England and Wales are looked at by inquests, and when it is possible that the state failed to protect the deceased's life are scrutinised using the 'right to life' (Article 2 of the European Convention on Human Rights).

Contents

Inquest is an independent charity focusing predominantly on death's in custody. Working in England and Wales the charity supports families bereaved by state related deaths, including deaths in police and prison custody. They are the only charity of their kind in the UK. [1]

Statistics

The Independent Police Complaints Commission publishes annual reports on deaths during or following police contact.

The Ministry of Justice publishes quarterly 'Safety in Custody statistics' looking at deaths and incidents of self-harm and violence in prisons in England and Wales. In the year up to March 2017 this statistical report showed the highest number of deaths in prison on record, with the rate of self-inflicted deaths more than doubling since 2013, and the number of incidents of self-harm reaching a record high. There were 113 self-inflicted deaths in the 12 months up to March 2017, 10 of which were in the female estate. [2]

The charity Inquest monitors statistics and updates on deaths in police custody, prison and immigration detention, regularly updating live statistical tables on their website.

The Home Office does not regularly publish information on deaths in immigration detention, but campaigners and monitoring bodies keep track and found 2017 has been the deadliest year on record of immigration detainees. [3] [4]

The Youth Justice Board (YJB) reports on deaths of children in child prisons (Young Offenders Institutions and Secure Training Centres) and secure children's homes in their remit.

Independent Review into Deaths and Serious Incidents in Police Custody, 2017

In October 2017 the UK government published the first ever Independent review on deaths and serious incidents in police custody, known as the Angiolini Review, after the author Dame Elish Angiolini QC. [5] Inquest's director Deborah Coles was special adviser to the review. The report made over 100 recommendations on policing, mental health provision, and post-death investigations and inquests including that such deaths should be investigated "with the same haste and mindset as homicides" [6] and that families bereaved by a death in custody should receive non means-tested public funding for legal representation during investigations and inquest's into custody deaths. [7] [8] Other recommendations included:

The report was commissioned in July 2015 by Theresa May in her former role as Home Secretary. She announced the review after meeting the families of Sean Rigg and Olaseni 'Seni' Lewis, saying: "As Home Secretary, I have been struck by the pain and suffering of families still looking for answers. That is why I set up this independent review and I'm grateful to Dame Elish and Deborah Coles, as special advisor to the chair, for agreeing to take on this important work."

The charity Inquest advised the review after years of lobbying for it to take place. They welcomed the report as "an opportunity to save lives". [9] However the report was due to be published in January 2017 and the Home Office faced widespread criticism from Inquest and other charities and campaigners for delaying its publication, including in an open letter to Amber Rudd (the Home Secretary who took over from Theresa May) published in the Guardian in July 2017 which was signed by over 30 organisations. During the 10-month delay to publish the review, the deaths of Rashan Charles and Edson Da Costa in contact with London's Metropolitan Police reignited widespread public concern about deaths in custody, particularly those concerning restraint related deaths of young Black men. [10]

Deaths of children and young adults in prisons

Up to date statistics on the deaths of young adults in prisons are kept by Inquest on their website. The Youth Justice Board (YJB) reports on deaths of children in prisons in their remit (YOI and STC).

There have been a small number of little publicised deaths in secure children's homes, [11] as well as deaths in STCs [12] and YOIs. [13]

In the year ending March 2016, there were no self-inflicted deaths of children (aged under 18) in youth justice prisons according to the YJB. There was one death in July 2015, of 16-year-old Daniel Adewole at HMYOI Cookham Wood. Daniel's death was classified as death by 'natural causes' as he died following an epileptic seizure, however the coroner at his inquest highlighted failures of prison staff in properly responding to the death. Coroner Patricia Harding concluded that prison officers should have entered the cell of Daniel Adewole much sooner as officers waited 38 minutes after they first received no response at Daniel's cell door, before opening his door where he was found unconscious following an epileptic seizure. [14]

Prior to that, there were three deaths during the year ending March 2012. Between the years ending March 2006 and March 2016, there were six deaths. [15]

Between 1990 and 2004, 25 children killed themselves in prison and two died in secure training centres. [16] On 19 April 2004 a 15-year-old boy, Gareth Myatt, died while being restrained by guards at Rainsbrook Secure Training Centre which at the time was run by G4S. [17] Several months afterwards on 9 August 2004, Adam Rickwood, 14, died of a self-inflicted death at the (now closed) Hassockfield Secure Training Centre, hours after being restrained by staff. The inquest jury into Adam's death did not find a direct link between the restraint and his death, but it was clear that this was a distressing incident and critics drew links between the incident and his suicide. [18]

Harris Review: Changing Prisons, Saving Lives

Chaired by Lord Toby Harris and published in July 2015, the Harris Review is an independent review into self-inflicted deaths in custody of 18 to 24 year olds from 1 April 2007 to 31 December 2013. It made 108 recommendations to strengthen the protection of young people in prisons and support learning after self-inflicted deaths in prison. The report was welcomed by campaigners, calling it a 'watershed moment'. [19] However the Government responded in December 2017, rejecting 33 of the recommendations and simply stating 'agree', 'agree in part', 'agree in principle', or claiming the recommendation was beyond its remit or 'subject to wider reforms for the majority of the rest. [20] The majority of recommendations are yet to be implemented.

List of campaigns around people who have died in custody in the UK

Related Research Articles

A coroner is a government or judicial official who is empowered to conduct or order an inquest into the manner or cause of death, and to investigate or confirm the identity of an unknown person who has been found dead within the coroner's jurisdiction.

The United Kingdom has three distinct legal systems with a separate prison system in each: one for both England and Wales, one for Scotland, and one for Northern Ireland.

Toby Harris, Baron Harris of Haringey

Jonathan Toby Harris, Baron Harris of Haringey is a Labour Party politician in the House of Lords.

Her Majesty's Young Offender Institution is a type of prison in Great Britain, intended for offenders aged up to 18, although some prisons cater for younger offenders from ages 15 to 17, who are classed as juvenile offenders. Typically those aged under 15 will be held in a Secure Children's Home and those over 15 will be held in either a Young Offender Institution or Secure Training Centre. A person is a young offender until they become 18, where they will be sent to an adult prison or can remain in the YOI until they turn 21 if deemed appropriate.

The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) (1987–1991), also known as the Muirhead Commission, was a Royal Commission appointed by the Australian Government in October 1987 to Federal Court judge James Henry Muirhead, QC, to study and report upon the underlying social, cultural and legal issues behind the deaths in custody of Aboriginal and Torres Strait Islander people, in the light of the high level of such deaths in the 1980s.

Independent Police Complaints Commission Defunct public body for police oversight in England and Wales

The Independent Police Complaints Commission (IPCC) was a non-departmental public body in England and Wales responsible for overseeing the system for handling complaints made against police forces in England and Wales.

Aboriginal deaths in custody Political and social issue in Australia

Aboriginal deaths in custody is a political and social issue in Australia. It rose in prominence in the early 1980s, with Aboriginal activists campaigning following the death of 16-year-old John Peter Pat in 1983. Subsequent deaths in custody, considered suspicious by families of the deceased, culminated in the 1987 Royal Commission into Aboriginal Deaths in Custody (RCIADIC).

A death in custody is a death of a person in the custody of the police, other authorities or in prison. In the 21st century, death in custody remains a controversial subject, with the authorities often being accused of abuse, neglect, racism and cover-ups of the causes of these deaths.

HM Prison Wetherby Prison in West Yorkshire, England

HMP/YOI Wetherby is a male juveniles prison, located in Wetherby, West Yorkshire, England. The prison is operated by Her Majesty's Prison Service.

HM Prison Hindley is a male prison , located in the village of Bickershaw in Greater Manchester, England. Hindley is operated by Her Majesty's Prison Service.

Indigenous Australians are both convicted of crimes and imprisoned at a disproportionately higher rate in Australia, as well as being over-represented as victims of crime. As of September 2019, Aboriginal and Torres Strait Islander prisoners represented 28% of the total adult prisoner population, while accounting for 2% of the general adult population. Various explanations have been given for this over-representation, both historical and more recent. Federal and state governments and Indigenous groups have responded with various analyses, programs and measures.

Death of Christopher Alder

Christopher Alder was a trainee computer programmer and former British Army paratrooper who had served in the Falklands War and was commended for his service with the Army in Northern Ireland. He died in police custody at Queen's Gardens Police Station, Kingston upon Hull, in April 1998. The case became a cause célèbre for civil rights campaigners in the United Kingdom. He had earlier been the victim of an assault outside a nightclub and was taken to Hull Royal Infirmary where, possibly as a result of his head injury, staff said his behaviour was "extremely troublesome." He was escorted from the hospital by two police officers who arrested him to prevent a breach of the peace.

Death of Sean Rigg

Sean Rigg was a 40-year-old black British musician and music producer who had paranoid schizophrenia. He died following a cardiac arrest on 21 August 2008 while in police custody at the entrance to Brixton police station, South London, England. The case became a cause célèbre for civil rights and justice campaigners in the United Kingdom, who called for "improvement and change on a national level" regarding deaths in police custody and the police treatment of suspects with mental health issues.

Phil Scraton is a critical criminologist, academic and author. He is a social researcher, known particularly for his investigative work into the context, circumstances and aftermath of the 1989 Hillsborough disaster. More recently, he was a member of the Hillsborough Independent Panel and headed its research. Currently he is Professor Emeritus, School of Law at Queen's University Belfast, and formerly Director of the Childhood, Transition and Social Justice Initiative.

Elizabeth Grant CF is an Australian architectural anthropologist, criminologist and academic working in the field of Indigenous Architecture. She is a Churchill Fellow and has held academic positions at a number of universities including The University of Adelaide and is Associate Professor of Architecture and Urban Design at RMIT University's RMIT School of Architecture and Design and holds an Adjunct Professorship at the University of Canberra and has held an adjunct Associate Professorship at the University of Queensland. She researches, writes, and is an activist focusing on architecture and design with Indigenous peoples as architectural practice and a social movement, and the observance of human rights in institutional architecture. She also has expertise in Indigenous housing and homelessness, design for Indigenous peoples living with disability, and indigenising public places and spaces. She is a regular guest on the Australian Broadcasting Corporation's Radio National and ABC Local Radio. She regularly writes and reviews architectural projects for architectural magazines such as Architecture Australia, the journal of the Australian Institute of Architects, the Australian Design Review, and others.

Neal Hazel is a British criminologist and social policy analyst who is best known for his research on youth justice and on family support. He is Professor of Criminology and Criminal Justice at the University of Salford and is the former Her Majesty's Deputy Chief Inspector of Probation for England and Wales.

G4S describes itself as "the world's leading provider of security solutions" and provides security services for over 40 embassies around the world, work as stewards at football stadiums and runs over six British prisons, operates prisoner tagging schemes, assists within the Government Communications Headquarters (GCHQ) in the United Kingdom, and provides administrative roles to the health and education sectors. The company operates as a subsidiary of an American security services provider Allied Universal since April 2021.

Inquest Charitable Trust is a charity concerned with state related deaths in England and Wales. It was founded in 1981. Inquest provides support on state-related deaths, including deaths in custody and their investigation, to bereaved people, lawyers, advice and support agencies, the media and parliamentarians. Their policy, parliamentary, campaigning and media work is grounded in the day-to-day experience of working with bereaved people.

Death of Olaseni Lewis Policing incident in the United Kingdom

Olaseni Lewis, a 23-year-old British man, died on 3 September 2010 at Bethlem Royal Hospital in London, United Kingdom, after police subjected him to prolonged physical restraint. Lewis had voluntarily sought care following the onset of acute mental health issues and died from cerebral hypoxia soon after, following actions that involved eleven officers of London's Metropolitan Police. After seven years of campaigning by Lewis' family and two inquiries by the Independent Police Complaints Commission (IPCC), a second coroners' inquiry was raised.

References

  1. ↑ "Inquest | Home". Inquest. Retrieved 2017-12-04.
  2. ↑ Ministry of Justice (27 April 2017). "Safety in Custody Statistics Bulletin, England and Wales, Deaths in prison custody to March 2017, Assaults and Self-Harm to December 2016" (PDF). Retrieved 4 December 2017.
  3. ↑ Townsend, Mark (2017-12-03). "'Marcin was crying, begging for help': crisis of EU migrants detained in the UK". The Observer. ISSN   0029-7712 . Retrieved 2017-12-04.
  4. ↑ "Deaths of immigration detainees". Inquest. Retrieved 2017-12-04.
  5. ↑ Grierson, Jamie (30 October 2017). "England and Wales police custody deaths report out after 15-month delay". Theguardian.com. Retrieved 2 November 2017.
  6. ↑ Mark Townsend (28 October 2017). "Police custody deaths in UK 'should be treated like murder inquiry'". Theguardian.com. Retrieved 29 October 2017.
  7. ↑ Police, Vikram Dodd; correspondent, crime (2017-09-04). "Families of people who died in police custody failed by system – report". The Guardian. ISSN   0261-3077 . Retrieved 2017-12-04.
  8. ↑ "First ever review on deaths in police custody supports key INQUEST recommendations and is an opportunity to save lives". Inquest. Retrieved 2017-12-04.
  9. ↑ "Landmark review on deaths in police custody published today is an opportunity to save lives". Inquest. Retrieved 2017-12-04.
  10. ↑ "The police need to answer our questions following the death of Rashan Charles | gal-dem". gal-dem. 2017-07-29. Retrieved 2017-12-04.
  11. ↑ The Youth Justice Board for England and Wales (2017). "YJB Annual Report and Accounts 2016/17" (PDF). Retrieved 4 December 2017.
  12. ↑ Joint Committee on Human Rights (2007). "The Use of Restraint in Secure Training Centres" (PDF). Publications.parliament.uk. Retrieved 29 October 2017.
  13. ↑ Vallely, Paul (2010-01-21). "The end of innocence: Inside Britain's child prisons". The Independent. London. Retrieved 11 August 2011.
  14. ↑ "INQUEST response to the conclusion of the inquest of 16 year old Daniel Adewole at HMYOI Cookham Wood". Inquest. Retrieved 2017-12-04.
  15. ↑ Youth Justice Board (26 January 2017). "Youth Justice Statistics 2015/16" (PDF). Retrieved 4 December 2017.
  16. ↑ "Custody death rate 'shocks' MPs". BBC . 2004-12-14. Retrieved 2007-07-12.
  17. ↑ Youth Rights UK (2012). "The death of Gareth Myatt" (PDF). Retrieved 4 December 2017.
  18. ↑ MOJ and YJB. "The government's response to coroners' recommendations following the inquests of Gareth Myatt and Adam Rickwood" (PDF). Retrieved 4 December 2017.
  19. ↑ "Watershed moment - INQUEST welcomes call for "radical change" in report on deaths of young people in prison". Inquest. Retrieved 2017-12-04.
  20. ↑ "Government rejects Harris Review recommendations designed to support learning after self-inflicted deaths in prison". Inquest. Retrieved 2017-12-04.
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