Prevention of Future Deaths reports · 2023

Nicholas Ledger

Regulation 28 report to prevent future deaths, reference 2023-0314, written 31 Aug 2023. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report31 Aug 2023
Reference2023-0314
DeceasedNicholas Ledger
CoronerAdam Smith
Coroner areaInner North London
CategorySuicide (from 2015)
Sourcejudiciary.uk record · original PDF
Responses published2

The report

Text extracted from the PDF text layer. Reproduced verbatim, including the scan's own layout.

Regulation 28:  Prevention of Future Deaths report 

Nicholas LEGER (died 20.02.23) 

THIS REPORT IS BEING SENT TO: 

Chief Executive Officer 
College of Policing 
1- 6 Citadel Place 
Tinworth Street 
London 
SE11 5EF 

1 

CORONER 

I am:   Adam Smith 
           Assistant Coroner  
           Inner North London 
           St Pancras Coroner’s Court 
           Camley Street 
           London,  N1C 4PP 

2 

CORONER’S LEGAL POWERS 

I make this report under the Coroners and Justice Act 2009,  
paragraph 7, Schedule 5, and  
The Coroners (Investigations) Regulations 2013, 
regulations 28 and 29. 

3 

INVESTIGATION and INQUEST 

On  23  February  2023,  JDP  Stevens,  HM  Assistant  Coroner  for  Inner 
North  London,  commenced an  investigation  into the  death  of  Nicholas 
Leger,  aged  32  years.  The  investigation  concluded  at  the  end  of  the 
inquest on 12 June 2023.  

I made a determination of death by suicide.   

The medical cause of death was: 

1(a) Suspension by ligature 

1 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 4  CIRCUMSTANCES OF THE DEATH 

Mr  Leger  had  been  the  subject  of  a  Metropolitan  Police  investigation 
following a criminal allegation made in March 2022. 

He was arrested and interviewed under caution at the end of May 2022, 
following which he was bailed.  That bail was converted to RUI (released 
under investigation) in  August  2022.    He  attended  voluntarily  a  further 
interview on 5 November 2022. 

On 23 January 2023, the CPS authorised that he be charged.  This led 
to  the  generation  of  a  PCR  (Postal  Charge  Requisition)  which  was 
posted to him on 16 February 2023.  This did not arrive at Mr Leger’s 
address until after his death.  However, Mr Leger learnt of the charge via 
his  solicitor on  the  morning  of  20  February 2023.    Sometime  between 
7:30pm and 10:30pm on 20 February 2023, he took his own life. 

He had previously attempted to take his own life on 23 March 2022, after 
he  had  learnt  of  the  allegation  made  against  him.    The  investigating 
officer (OIC) was aware of this as Mr Leger had disclosed it when asked 
questions regarding his mental health and welfare at the times of the two 
interviews he attended.  Although he had indicated at the times of the 
interviews that he had no concerns regarding his mental health/welfare, 
he also stated on 5 November 2022 that his mental health had suffered 
since the alleged incident.   

This  was  the  last  date  that  any  assessment  was  made  of  his  mental 
health.    By  the  time  that  he  was  sent  the  PCR  (charging  him  with  an 
offence that carried a maximum life sentence), he had been “RUI’d” for 
almost  6  months  and  it  was  more  than  3  months  since  there  had  last 
been any formal assessment by the police of his mental health and risk 
of suicide or self-harm. 

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 received evidence, in particular from the investigating officer (OIC), who 
dealt with the investigation into the allegation against Mr Leger, and from 
an investigator from the Metropolitan Police’s Directorate of Professional 
Standards (DPS), who conducted an investigation on behalf of the IOPC 
into  the  way  in  which  the  criminal  investigation  was  undertaken,  in 
particular the consideration of Mr Leger’s welfare and support offered to 
him. 

2 

 
 
 
 
 
 
 
 
 
 
 
 
 I heard evidence: 

•  That  when  a  person  who  has  been  RUI’d  is  charged,  standard 
practice (in accordance with current Metropolitan Police policies 
and procedures) is for that charge to be communicated to them 
via a PCR with no advance warning. 

•  That this is the case regardless of the offence, or seriousness of 

the offence, with which they are being charged. 

•  That  in  exceptional  circumstances,  where  an  individual  is 
considered  to  be  in  a  high-risk  category,  arrangements  can  be 
made for the PCR to be delivered in person and/or for a third party 
to be present to provide support. 

•  That  it  is  recognised  that  certain  types  of  allegation,  such  as  a 
sexual allegation (as was the case here), may carry a higher risk.  
This, of itself, does not place an individual into a high-risk category 
for the purposes of delivering the news that they are to be charged 
(by way of a PCR). 

•  That whether an individual is, exceptionally, considered to be in a 
high-risk  category  (such  as  to  cause  a  PCR  to  be  delivered  in 
person) is reliant on information about their mental health coming 
to the attention of the OIC.  There is no formal requirement for the 
OIC proactively to seek this information. 

•  That  there  is  no  formal  process  for  assessing  an  individual’s 
mental  health  and/or  risk  of  suicide  or  self-harm  at  the  time  of 
delivery of a PCR. 

It is important to note the following: 

•  At  the  point  of  charge,  nothing  has  been  proven  against  the 
individual concerned.  They face an allegation, and are innocent 
if and until proven guilty to the criminal standard. 

•  Many people are RUI’d.  As such, PCR is now routinely used to 

bring most criminal charges. 

• 

Individuals who have been RUI’d can remain with this status for 
long periods of time (months or years) before a decision is made 
whether or not to charge them.   

•  Whilst  there  are  formal  procedures  to  assess  an  individual’s 
mental health and risk of self-harm or suicide when they attend a 
police station for interview, once they have left the police station 
there are no such formal procedures (as above), notwithstanding 

3 

 
 
 
 
 
 
 
  
 
 
 
 
 
 the potential for a substantial period to elapse between the time 
they  last  attended  a  police  station  and  the  time  that  they  are 
charged. 

•  Being  charged  with  any  criminal  offence,  especially  one  which 
carries the potential for a custodial sentence, can, self-evidently, 
have  a  significant  deleterious  effect  on  an  individual’s  mental 
health.  

It appears to me that, in the absence of a formal mechanism to assess, 
at  the  time  of  being  charged,  an  individual’s  mental  health  and  risk  of 
suicide or self-harm, there is an obvious risk of individuals in the future 
taking  their  own  lives  as  a  result  of  being  charged  by  way  of  a  PCR 
(potentially  following  a  lengthy  period  of  having  been  RUI’d  and 
potentially months or years since there was last any consideration by the 
police of their mental health and risk of suicide or self-harm).  

In Mr Leger’s case, the relevant policies and procedures were those of 
the Metropolitan Police.  However, these issues clearly arise at a wider 
(national) level and, as head of the College of Policing, you have overall 
responsibility for policies/guidance disseminated at a national level. 

6 

ACTION SHOULD BE TAKEN 

In  my  opinion,  action  should  be  taken  to  prevent  future  deaths  and  I 
believe that you have the power to take such action.  

7 

YOUR RESPONSE 

You are under a duty to respond to this report within 56 days of the date 
of this report, namely by 14 August 2023.  I, the coroner, may extend the 
period. 

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 following. 

•  The parents of Nicholas Leger 
•  HHJ Thomas Teague QC, Chief Coroner of England & Wales 

I am under a duty to send a copy of your response to the Chief Coroner 
and all interested persons who in my opinion should receive it.  I may 

4 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 also send a copy of your response to any other person who I believe may 
find it useful or of interest.  

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. 

9 

DATE                                    SIGNED BY ASSISTANT CORONER 

19 June 2023               

5

Responses

2 responses 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.

Response from College of Policing (PDF)
Assistant Coroner  
Inner North London  
St Pancras Coroner’s Court  
Camley Street  
London, N1C 4PP 

11th August 2023 

Ref: Nicholas LEGER  

Dear Mr Smith, 

Thank you for your letter dated 8th June 2023 regarding the death of Mr Nicholas Leger which 

occurred  on the 20th February 2023.  We were saddened to hear of the circumstances and the 

loss felt by Mr Leger’s family and friends.  These cases are always tragic and it is incumbent on 

all of us to ensure that lessons are learned. We would like to assure you that we take the 

recommendations in your report extremely seriously and will ensure that the learning from this 

incident will be incorporated into our training and guidance.  Thank you for your work and for 

identifying matters of concern. 

Your report gives us the opportunity to reflect on the circumstances and consider what action 

we might be able to take to prevent future deaths.  

You report covers the following matters of concern: 

•  The welfare and support offered to Mr Leger by the Metropolitan Police 

•  The process for when a person who has been released under investigation (RUI) is 

charged, resulting in postal charge requisition (PCR) 

•  The process for assessing an individual’s mental health and/or risk of suicide or self-

harm at the time of delivery of a PCR.  

 
 
 
 
 
 
 
  
 
  
 
 
 
 You conclude that in the absence of a formal mechanism to assess an individual’s mental 

health and risk of suicide or self-harm at the point of issuing a PCR, you believe there is an 

obvious risk of individuals taking their own lives.   

We have carefully considered the information you have provided.  

It is important to recognise that the offence under investigation carries a maximum life sentence 

and we infer that this was a very serious allegation and that there would have been significant 

concerns about harm that had been caused by the alleged offence and the risks of future harm. 

Investigators must consider the needs of all involved in investigations and this can sometimes 

be a difficult balancing act, taking account of the fact that, at this stage, the person under 

investigation has not been convicted.  

Pre Charge Bail and Released Under Investigation 

The law regarding pre charge bail has significantly changed following the Police, Crime, 

Sentencing and Courts Act 2022. Significant changes to pre charge bail were introduced in 

October 2022. Whilst the precise offence in question is not mentioned, we consider that it is far 

less likely that a case such as Mr Leger’s would result in a person being on RUI under today’s 

legislation.   

The Police, Crime, Sentencing and Courts Act 2022 (PCSC) removed the previous presumption 

against bail, replacing it with a neutral position to encourage the use of pre-charge bail where it 

is necessary and proportionate in all of the circumstances of the case. It amended the police 

ranks of authority, requiring less seniority in rank, and changed the duration of bail periods, 

including extending the initial bail period to three months, from 28 days, in standard cases. To 

provide further protection for victims, the PCSC introduced a duty to seek the views of victims 

when imposing or varying bail conditions. The consequences of these changes – no 

presumption against the use of pre charge bail, lowering of the ranks to authorise its use and 

the extension of the bail periods means that pre charge bail is much more likely to have been 

continued had the investigation been commenced after October 2022.  

 
 
 
 
 
 
 
 The College of Policing produced Statutory Guidance which supports the legislative 

amendments.  The Statutory Guidance can be found here.  The following guidance is 

particularly relevant based on the information provided.   

If there is a risk of serious harm to the victim(s), witness(es), suspect or public, bail must 

be considered in conjunction with other protective measures. Bail with conditions should 

always be considered in any domestic or sexual abuse cases.1 

In the unlikely event pre charge bail did end and convert to RUI, the statutory guidance provides 

further advice and instruction. 

The threat, risk and potential for future harm associated with the investigation must be 

proportionately managed, taking into consideration the safeguarding of all persons linked 

to the investigation. 

Onward suspect management and welfare assessment will be the responsibility of the 

investigator, with oversight from their supervisor. There should be a clear plan in place, 

linked with the likely progress of the investigation.  

Forces are recommended to establish a formal mechanism, prior to release, for notifying 

suspects that they have been RUI and explaining what this means. 

Due to these changes, the likely scenario now is that Mr Leger would be on bail and that he 

would be recalled to custody to answer charge.  Following a new risk assessment, there would 

be the opportunity to refer him to NHS liaison and diversion services should there be any 

indication of any health need, including any concerns about mental ill-health and that would 

include indications of self-harm or suicide.  

The law has significantly altered since Mr Leger was investigated, bailed and RUI’d.  Detailed 

Statutory Guidance was made available earlier this year, which was accompanied with e-

1 Pre Charge Bail, Statutory Guidance, March 2023, College of Policing - Pre-charge bail - Statutory 
guidance (publishing.service.gov.uk), Page 9 para 6.4 

 
 
 
 
 
 
 
 
 
 
 learning and a communications plan and roll out, supported by a number of knowledge products 

to assist forces to implement the change.  We take the view that this should make a significant 

difference to the number of suspects on RUI and we have been clear about how forces should 

manage those who are on RUI and pre charge bail, including specific guidance on safeguarding 

those subject to RUI.   

Pre release risk assessments 

Bringing Mr Leger into the police station on a ‘voluntary attendance’ in November 2022 would 

have been considered a way of progressing the investigation in the least intrusive way, seeking 

to reduce the impact on him.  

There is specific College guidance on risk assessments for those released from custody, 

including a specific module on the higher risks associated with those under investigation for 

possession of child sexual abuse material – the risks for this cohort of detainees are higher with 

them comprising around half of all post release suicides.  

Conclusion 

It is unlikely that someone released on bail for sexual offences would now revert to RUI.  This 

means that they would be recalled to custody for charge, where a pre-release risk 

assessment can be completed, for which there is full guidance.  There is specific custody 

training aimed at reducing the risks of post detention suicides. 

I hope this description of how current pre charge bail arrangements work reassure s you that 

should a similar case arise, there would be further opportunities to assess a person’s risk of 

suicide.  

Yours sincerely 

Chief Executive Officer 
College of Policing
Response from Metropolitan Police (PDF)
HM Assistant Coroner  

Inner North London  

St Pancras Coroner’s Court 

Camley Street 

London N1C 4PP 

T/Assistant Commissioner 

Metropolitan Police Service 

New Scotland Yard 

Victoria Embankment 

London 

SW1A 2JL 

Date: 04/08/2023 

Dear Mr Smith 

I am the Assistant Commissioner for the Met Ops Chief Officer Team in the Metropolitan Police 

Service (“MPS”).  On behalf of the Commissioner of Police of the Metropolis, I write to provide the 

Day/Month 2023 

response to the matters of concern addressed to the MPS in your Report to Prevent Future Deaths 

dated 19th June 2023. 

Our Ref: IX/1952/20 

On behalf of the MPS may I first of all express my condolences to the family and friends of Nicholas 

Leger, our thoughts and sympathies are very much with them. 

The MPS has acknowledged and reviewed all the matters of concern raised in your Regulation 28 

Report and responds as follows: 

The Coroner’s “Matters of Concern” 

The Prevention of Future Deaths report records:- 

It appears to me that, in the absence of a formal mechanism to assess, at the time of being charged, an 

individual’s mental health and risk of suicide or self-harm, there is an obvious risk of individuals in 

the future taking their own lives as a result of being charged by way of a PCR (potentially following a 

lengthy period of having been RUI’d and potentially months or years since there was last any 

consideration by the police of their mental health and risk of suicide or self-harm). 

  
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 MPS Response 

The MPS process for issuing a Postal Charge Requisition (“PCR”) is for the Officer in the Case 

(“OIC”) to gain charging authority from the Crown Prosecution Service (“CPS”), who will then 

request a PCR via the MPS CONNECT system (database for recording case file progression - 

previously known as the COPA system in March 2022). This is then transferred to the Case 

Management Team (“CMT”) who complete the PCR administrative process, sending it directly to the 

recipient.  Prior to this, no additional checks are completed on the information or the recipient and no 

advance warning of this PCR is given by the CMT.    

At all stages prior to this request, the OIC is able to communicate to the CMT via email, telephone 

and the CONNECT file, that the suspect may be vulnerable because of their mental health.  The OIC 

can then decide whether to serve the PCR by delivering it by hand direct to that person.  This does not 

necessarily need to be due to the individual being in a high risk offence category.  The delivery of this 

PCR can be communicated prior to the event by the OIC and it would be reasonable to expect in 

certain circumstances, following any highlighted risk, that this action would be taken, however, there 

is currently no compulsory process for this.   

There are currently no risk assessment questions on the CONNECT file that the CMT have sight of or 

access to.  As stated in the report, the decision whether an individual is considered to be in a high-risk 

offence category, which would suggest the benefit of personal PCR delivery, is reliant on information 

regarding their mental health and risk of self-harm or suicide, coming to the attention of the OIC. 

There is no formal requirement for the OIC proactively to seek this information outside of the custody 

environment.    

It is acknowledged that being charged with any criminal offence, especially one which carries the 

potential for a custodial sentence, can have a detrimental effect on an individual’s mental health, and 

certain types of allegation, such as a sexual allegation, may carry a higher risk.  It is recognised that 

there is currently no formal process for assessing an individual’s mental health or risk of suicide or 

self-harm at the time of delivery of a PCR.   

For those persons detained in custody suites, custody officers complete a risk assessment on 

CONNECT prior to release.  For sexual offences, an additional risk assessment is completed by the 

investigation team.  A Voluntary Attendance Assessment and log is completed for all suspects who 

attend for voluntary interviews under caution and this includes questions on mental health, self-harm 

and suicide.   

  
 
 
 
 
 
 
 Following this Prevention of Future Deaths report, a proposal will be made for the implementation of 

a new policy requiring a risk assessment to be completed by the OIC, no earlier than fourteen days 

prior to issuing the PCR.  This would build on the intelligence already gathered through the 

relationship between the OIC and the suspect, including any risk assessments completed at the time of 

their arrest/detention/voluntary interview under caution and by the Custody Sergeant upon 

release from custody.  This would then form the basis of a decision as to whether to post or serve the 

PCR in person.   

Due to the volume of work required, this policy would be restricted to suspects charged with a 

recordable offence.  

This assessment will be supervised by line management and form part of the PCR process.  This will 

include provision for risk management and mitigation controls.  

The design will commence in partnership with investigation and safeguarding teams to ensure 

consistency and viability with the expectation that it will be implemented by April 2024. 

It is expected that when a suspect for a criminal offence is released on bail or Released Under 

Investigation (RUI), the OIC should maintain regular contact.  Ordinarily, there should not routinely 

be long periods of time where no contact has been made between the OIC and suspect without further 

risk assessment.  Unfortunately due to the implementation of RUI, there has previously been a 

substantial period of time between leaving custody and receiving a PCR.  However, due to a change in 

legislation in 2022, it is anticipated that RUI may be used less frequently. Instead, the intention of the 

new legislation is to increase the use of pre-charge bail in every case where it is necessary and 

proportionate to do so. The consequences are anticipated to be a reduction in the numbers of suspects 

receiving a PCR as suspects on pre-charge bail will be charged on their return to custody. 

Please do not hesitate to contact me should you have any queries. 

Yours sincerely 

Assistant Commissioner Met Operations and Performance

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