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Title: IOPC learning recommendation made under paragraph 28A of schedule 3 to the Police Reform Act 2002.
Our reference: CM-823-17
Author: Prevention and Learning Team, Directorate of Professional Standards
On 5 November 2017 Metropolitan Police Service (MPS) officers engaged in a pursuit of a vehicle that failed to stop when signalled to do so in a car park in east London. The pursuit lasted a few minutes, with two more police vehicles joining in as it progressed. The police vehicles involved reached speeds of approximately 90mph. The pursuit ended as the vehicle being pursued collided with a building. The driver of the pursued vehicle sustained serious non-fatal injuries and two passengers suffered minor injuries.
The IOPC investigators attended the scene and the post-incident procedure following the incident. They gathered independent evidence in the form of witness statements, commercial CCTV and collision reports. Their investigators also collected statements, body-worn footage and in-car video recordings from the police officers and vehicles. They collected statements from the family of the man who sustained serious non-fatal injuries.
There is no evidence to suggest that the actions of the pursuing offers caused the Injuries to the driver of the pursued vehicle. The police were involved in the pursuit in which the driver sustained his injuries, however their actions followed policy and procedures. This was supported by the rationale provided by the officers for their actions as well as independent evidence such as in-car data and video recordings.
Based on the evidence available the IOPC found no indication that any person serving with the police may have behaved in a manner that would justify the bringing of disciplinary proceedings, or had committed a criminal offence. They found some learning for the force (see below). The IOPC completed their investigation in May 2019.
Date of IOPC 28A Learning Recommendation: 23rd August 2019
Date of Response by the MPS: 5th November 2019
As a result of an IOPC independent investigation involving a pursuit, it was established that in-car audio recording had not been activated. The Metropolitan Police Service (MPS) confirmed that activation of the audio recording was “more 'best practice' but not essential”. The IOPC therefore recommends the MPS makes activation of the audio recording facility (as referred to in paragraph 48 of the report) mandatory once a pursuit is initiated, given that the MPS has confirmed to the IOPC as part of its investigation that its use is regarded as best practice. Mandatory activation of the audio recording facility can offer better evidential opportunities for any subsequent investigation and can provide greater transparency around policing practice.
The IOPC’s recommendation has been raised at the National Police Chiefs Council (NPCC) National Pursuits Meeting in October 2019. The current College of Policing’s Police Pursuits Authorised Professional Practice (APP) states, “It is highly desirable in pursuit situations to use vehicles fitted with IDR/driver and vehicle data management systems (DVDMS), together with visual recording equipment, for evidential purposes. Such vehicles should be deployed to take part in pursuits where possible.”
Whist the recommendation is being considered at a national level, the MPS will mandate activating audio recording equipment at the start of a pursuit for all officers. This will be in one of two ways; by either activating the in car system (where available), or if this is not available, by utilising Body Worn Camera. An operational notice is being finalised, including the latest APP and Tactics Directory, and will be published later this month across the MPS. This change will be included in Driver Training immediately.
The lead for implementing this change is the OCU Commander of Roads and Transport Policing Command. This has undergone consultation with the Safer Driving Managers from each business group, the Police Federation, Driver Training School and Policy Team. The impact of this change will be monitored through the MPS’s network of Safer Driving managers for feedback, and compliance will be overseen by the Professional Driving Standards Unit.”