Prevention of Future Deaths reports · 2024
Regulation 28 report to prevent future deaths, reference 2024-0216, written 23 Apr 2024. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.
| Date of report | 23 Apr 2024 |
|---|---|
| Reference | 2024-0216 |
| Deceased | Ashley Crews |
| Coroner | Zak Golombeck |
| Coroner area | Manchester City |
| 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.
Regulation 28: REPORT TO PREVENT FUTURE DEATHS NOTE: This form is to be used before an inquest. REGULATION 28 REPORT TO PREVENT DEATHS THIS REPORT IS BEING SENT TO: 1 Greater Manchester Police 2 Chief Coroner 3 4 College of Policing 5 IOPC -Independent Office for Police Conduct 1 CORONER I am Zak GOLOMBECK, HM Area Coroner for the coroner area of Manchester City 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 INQUEST The Inquest was opened on 12th March 2024. The final hearing has not yet taken place. Following disclosure of evidence from Greater Manchester Police (“GMP”) and the Independent Office for Police Conduct (“IOPC”), there is concern that future deaths will occur, and I am of the opinion that action should be taken to reduce the risk of death. 4 CIRCUMSTANCES OF THE DEATH Mr Ashley Crews died on 20th February 2024 from injuries sustained from a fall from height. On 20th February 2024, GMP officers attended Mr Crews’ address (a 9th floor flat) to execute an arrest warrant. The attending officers did not apply handcuffs. Mr Crews proceeded to walk to his bedroom in the flat, and whilst some officers followed him, Mr Crews was able to open a window and jump out. GMP have confirmed that they do not have a local policy dealing with the use and application of handcuffs when executing an arrest warrant. The IOPC have confirmed there is no national policy. 5 CORONER’S CONCERNS During the course of the investigation my inquiries revealed matters giving rise to concern. In my opinion there is a risk that future deaths could occur unless action is taken. In the circumstances it is my statutory duty to report to you. The MATTERS OF CONCERN are as follows: (brief summary of matters of concern) 1. There is no local policy for the use of handcuffs when executing an arrest warrant. 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. 7 YOUR RESPONSE Regulation 28 – Before Inquest Document Template Updated 30/07/2020 You are under a duty to respond to this report within 56 days of the date of this report, namely by June 18, 2024. 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 Chief Coroner and to Interested Persons. I have also sent it to organisations who may find it useful or of interest. 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 Dated: 23/04/2024 Zak GOLOMBECK HM Area Coroner for Manchester City Regulation 28 – Before Inquest Document Template Updated 30/07/2020
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.
Chief Constable Zak Golombeck HM area Coroner for Manchester City Manchester City Coroner's Office and Court Exchange Floor, The Royal Exchange Building Cross Street Manchester M2 7EF 10th June 2024 Dear Mr Golombeck Greater Manchester Police acknowledge the matters of concern raised by the Regulation 28 report, issued under paragraph 7, Schedule 5 of the Coroners and Justice Act 2009 and regulations 28 and 29 of the Coroners (Investigations) Regulations 2013 on 23 rd April 2024. We acknowledge that there is no national or local policy for policing that specifically deals with the application of handcuffs during the execution of search warrants. The justification for the use of force against an individual is a matter for each officer to consider on a case-by-case basis. Consideration of how force is used is a common thread through many aspects of police guidance and Authorised Professional Practice (APP), with a particular focus on legislation and use of the National Decision Model. The policing scenarios are so wide ranging that it is impractical to offer specific instruction or policy on when handcuffs should be applied to restrain individuals whilst under arrest or detained under the powers of a search warrant. In pre-planning for the execution of search warrants, we consider the vulnerability of the known occupants including factors such as age, mental health or physical issues. That would not necessarily influence an individual decision to use force and handcuff somebody during such an operation. Greater Manchester Police do have a Use of Force policy which is available to officers as guidance for recording the use of force. Officers are also trained in the legislation relevant to the use of force and have access to numerous nationally developed guidance documents to assist in their decision making. Postal address: Greater Manchester Police , Openshaw Complex, Lawton Street, Openshaw, Manchester M11 2NS
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