WIREDGOV

The ongoing investigation into the circumstances surrounding the death of Rashan Charles in Hackney in July 2017 has identified conflicting available advice given to police nationally about searching people suspected of placing drugs or other packages in their mouths.

The advice involved the appropriateness of officers using force to search someone who may have something in their mouth. Some advice stated that it was never appropriate to do so due to the risk of choking, while other guidance said it may be appropriate in certain circumstances.

In September we asked the National Police Chiefs’ Council (NPCC) and the College of Policing (CoP) to review their guidance urgently to ensure it was fit for purpose and afforded the greatest level of safety to those who have or were suspected of placing drugs or other items in their mouths. Subsequently the Metropolitan Police Service (MPS) has suspended searching mouths by force due to the associated risks and the CoP will be conducting a review of their guidance.

We had carefully examined the policies which are followed by all Metropolitan Police officers during our investigation into the circumstances in which Mr Charles died in east London in July last year. That investigation remains ongoing but there have been two significant developments.

Firstly, we referred a file to the Crown Prosecution Service (CPS) last month (December 2017) to consider whether the officer involved in Mr Charles’ restraint may have committed common assault by continuing to restrain Mr Charles after he became unwell. The CPS confirmed last week that no further action will be taken against the officer on that matter due to insufficient evidence for there to be a realistic prospect of conviction.

Secondly, the final post-mortem results for Mr Charles have been received and indicate that Mr Charles sadly died of a sudden cardiac arrest brought on by a blocked upper airway. This was, in the pathologist’s view, most likely caused by him attempting to swallow a plastic package that subsequent forensic testing showed contained a mixture of caffeine and paracetamol. The pathologist identified no other significant injuries to the head, neck or torso of Mr Charles that would suggest prolonged or excessive restraint in the lead up to his death.

We are awaiting further expert evidence before conducting a full review of all evidence gathered to date, including body-worn video from 10 officers including the one involved in the restraint. We are also continuing to liaise with the Charles family, the CPS and HM Coroner in preparation for the inquest on 4 June.

IOPC Regional Director Jonathan Green said:

"It is vital we establish all of the circumstances surrounding Rashan’s death and our comprehensive investigation continues in advance of his inquest to be held later this year.

“However, it is clearly in the public interest that we highlight the disparity in the approach to mouth searches to the police service at the earliest opportunity and I greatly welcome the MPS decision to immediately suspend forcible mouth searches while further reviews of the policy are undertaken.

"One of the key statutory functions of the IOPC is to help improve policing and the National Police Chiefs’ Council are now considering whether to amend national policies. I am extremely hopeful that our recommendation will ensure clarity on how to deal with situations like this and that this in turn may reduce the risk of deaths in police custody.”