Prevention of Future Deaths reports · 2023
Regulation 28 report to prevent future deaths, reference 2023-0072, written 24 Feb 2023. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.
| Date of report | 24 Feb 2023 |
|---|---|
| Reference | 2023-0072 |
| Deceased | Sharon Harman |
| Coroner | Andrew Cox |
| Coroner area | Cornwall and the Isles of Scilly |
| Category | Other related deaths |
| Source | judiciary.uk record · original PDF |
| Responses published | 1 |
Text extracted from the PDF text layer. Reproduced verbatim, including the scan's own layout.
Information Classification: CONTROLLED NOTE: This form is to be used after an inquest. REGULATION 28 REPORT TO PREVENT FUTURE DEATHS THIS REPORT IS BEING SENT TO: 1. Rt Hon Chris Philp MP Minister of State for Crime, Policing and Fire 1 CORONER I am Andrew Cox, the Senior Coroner for the coroner area of Cornwall and the Isles of Scilly. 2 CORONER’S LEGAL POWERS I make this report under paragraph 7, Schedule 5, of the Coroners and Justice Act 2009 and regulations 28 and 29 of the Coroners (Investigations) Regulations 2013. 3 INVESTIGATION and INQUEST On 24 February, I concluded an inquest into the death of Sharon Elaine Harman, 49, who was stabbed to death by her husband at their home address in Polperro, Cornwall on 6 August 2021. Mr Harman then cut his own throat. Tragically, both these events took place in front of the couple’s teenage daughters. . Elaine’s medical cause of death was recorded as: 1a) Stab wounds to the neck and chest I recorded a Conclusion of Unlawful Killing. 4 CIRCUMSTANCES OF THE DEATH On 31 July and 4 August 2021, Elaine was assaulted by her husband. He was arrested by police on suspicion of assaulting her and occasioning actual bodily harm. In interview on 5 August, he denied the charge. He was released from custody later that day on police bail subject to two conditions (i) not to contact Elaine or their two children and (ii) not to attend the property. On 6 August, it had been arranged for Mr Harman’s son to collect personal items from Elaine at the home address. Mr Harman rang his son to delay the appointment. In breach of the bail conditions, he then attended the home address, forced entry and stabbed Elaine to death. 5 CORONER’S CONCERNS During the course of the inquest the evidence revealed matters giving rise to concern. In my opinion there is a risk that future deaths will occur unless action is taken. In the circumstances, it is my statutory duty to report to you. The MATTERS OF CONCERN are as follows. – I attach for your ease of reference a copy of the College of Policing Approved Professional Practice entitled Post arrest management of suspect and casefile and draw your attention to the following extract taken from page 17. 1 Information Classification: CONTROLLED Checklist: Pre-release considerations Before a suspect is released from a police station officers should: inform the victim of the suspect’s impending release, regardless of whether the suspect has been bailed or not, and record this notification check if the suspect is in possession of keys to the victim’s house or car and remove them if so if the suspect offers a bail address with a previous or current partner, check not only that the person is happy for the suspect to be bailed there, but also that there is no history of domestic abuse – a curfew should never be imposed at an address where there is or has been domestic abuse update the risk assessment and safety plan The guidance appears to anticipate a situation where a suspect and victim live at separate addresses but may have shared keys. The situation here was that Mr & Mrs Harman lived together at their home address in which they had shared ownership. After police had interviewed Mr Harman for an offence of assaulting Elaine and causing her actual bodily harm – a charge Mr Harman denied – consideration was given to whether police could retain his house key given that a bail condition was imposed requiring him not to attend the address. It was felt that police did not have this power in law under s19 PACE or otherwise. Mr Harman’s key was returned to him. It was found snapped off in the lock of the house door (along with a destroyed bolt) after Mr Harman forced entry. 6 ACTION SHOULD BE TAKEN In my opinion action should be taken to prevent future deaths and I believe you [AND/OR your organisation] have the power to take such action. There appears an obvious disconnect in the guidance issued by the College of Policing and the laws provided to police under s19 PACE or otherwise. This appears of particular concern in cases of domestic violence where, previously, the parties have lived together. The police officers who gave evidence at inquest were of one voice that an additional power to retain a house key – for the duration of imposed bail conditions only – would be an additional and helpful power to have. It was recognised there may be difficulties in applying any such power from a practical perspective. Of note, there was no easy way, other than an Officer returning to a property, to check whether a key being retained was actually a house key. Further, it was foreseeable that there may be issues about what could be done where there were multiple copies of a house key perhaps held by a variety of different persons. Nevertheless, it was felt appropriate to make this report to you so that you could reflect on the position generally. 7 YOUR RESPONSE You are under a duty to respond to this report within 56 days of the date of this report, namely by 21 April 2023. I, the coroner, may extend the period. 2 Information Classification: CONTROLLED Your response must contain details of action taken or proposed to be taken, setting out the timetable for action. Otherwise you must explain why no action is proposed. 8 COPIES and PUBLICATION I have sent a copy of my report to the Chief Coroner and to the following Interested Persons: - Family of Elaine Harman; - Chief Constable of Devon & Cornwall Police I am also under a duty to send the Chief Coroner a copy of your response. The Chief Coroner may publish either or both in a complete or redacted or summary form. He may send a copy of this report to any person who he believes may find it useful or of interest. You may make representations to me, the coroner, at the time of your response, about the release or the publication of your response by the Chief Coroner. 9 [DATE] 24.2.23 [SIGNED BY CORONER] 3
1 response published against this report on judiciary.uk. A response is a body's written reply to the coroner's concerns; publication is at the discretion of the Chief Coroner's office, so an absent response does not mean nobody replied.
Direct Communications Unit 2 Marsham Street London SW1P 4DF Tel: 020 7035 4848 www.homeoffice.gov.uk Mr Andrew Cox Senior Coroner, Pydar House, Pydar Street, Truro, TR1 1XU 21 April 2023 Dear Mr Cox, Thank you for your letter of 27 February 2023 to Minister Philp enclosing a copy of a Preventing Future Deaths Report produced following the inquest of Sharon Elaine Harman. Your letter has been passed to officials for a response. In your report you have identified key areas of concern where you believe that there is risk that future deaths may occur unless action is taken. Thank you for bringing to our attention the disconnect between the College of Policing guidance and the powers provided to the police under s19 PACE. We will look to raise these discrepancies with the College of Policing. In terms of the recommendation to consider an additional power for police to retain house keys (for the duration of bail conditions only), we regularly consult with stakeholders, review existing legislation and associated Codes of Practice including any requirements for legislative reform, to ensure that the powers available to the police and law enforcement bodies are reasonable, proportionate and necessary in the circumstances, with the requisite safeguards to protect the rights of individuals and victims. It is also worth noting that in the Domestic Abuse Act 2021, the Government committed to launching a new Domestic Abuse Protection Notice and Order (DAPN/DAPO), to be piloted from Spring 2024. These will go even further in protecting victims from all forms of domestic abuse. Including making a breach of a DAPO a criminal offence and giving court’s the power to impose electronic monitoring (tagging) conditions. A court could therefore impose an exclusion zone to prohibit a perpetrator from entering a specified area, such as a victim’s home. Perpetrator’s will also be subject to mandatory notification requirements of name and address, ensuring that where the perpetrator resides is known to the police. The Government is currently undergoing extensive work to prepare the new order for piloting from next year which will help to improve the protections for domestic abuse victims, including where they reside with the perpetrator. It may also be helpful set out other relevant work the Government is progressing on these issues. We recognise that domestic abuse is intolerable and sometimes fatal, yet it is far too common. In March 2022, we published the cross-Government Tackling Domestic Abuse Plan. The Plan will seek to transform the whole of society’s response in order to prevent offending, support victims and pursue perpetrators, as well as to strengthen the systems processes in place needed to deliver these goals. The Plan invests over £230 million of cross-Government funding into tackling this heinous crime. This includes over £140 million for supporting victims and over £81 million for tackling perpetrators. Kind regards, Email: Public.Enquiries@homeoffice.gov.uk
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