Getting away with murder

The rising number of deaths in police custody continues to be of major concern to the community, especially when no one is held accountable.

According to a report by Independent Police Complaints Commission in July, there have been 21 deaths in police custody in 2010/11. Some estimate almost 333 deaths in the last decade. Campaigners and families of those who have died in custody believe that the authorities have been getting away with murder.

But things are set to change following new provisions to an existing legislation which came into force on September 1st 2011, which could see the police, UK Border Agency, the Ministry of Defence as well as private firms prosecuted for manslaughter in England, Scotland and Wales.

Back in 2008, the Corporate Manslaughter and Corporate Homicide Act 2007 came into force which created a new offence for corporate manslaughter. Previously individuals could be prosecuted for gross negligence following a death in custody, but the company or public body could not.

Previously, if a prisoner hanged himself in his cell or a detained mentally ill person died in hospital, there would be no accountability on the part of the authorities responsible for them. But now, courts can hand out unlimited fines and also impose an order requiring the company or organisation to publicise the fact that it has been convicted of the offence, and give details.

But the provisions of the legislation are not retrospective, so it cannot be applied to cases which precede the date. Nonetheless, the move has been welcomed by campaign groups, who hope that by holding organisations accountable, it could result in a change in policy and prevent further loss of life, despite the fact that there have been no successful prosecutions for deaths in custody even when an inquest jury had returned an unlawful killing verdict in the 10 cases since 1990.

Helen Shaw, co-Director of Inquest, said,

"While not all deaths in custody are a result of grossly negligent management failings that would lead to consideration of a corporate manslaughter prosecution, many of Inquest's cases have revealed a catalogue of failings in the treatment and care of vulnerable people in custody. The new provisions provide a new avenue to address these problems and will hopefully have a deterrent effect, preventing future deaths and could also have a key role in maintaining confidence in public bodies by addressing the accountability gap that currently exists following a death in custody."

Sophie Farthing, Policy Officer for human rights campaign group Liberty said,

"There have been 333 deaths in police custody over the last decade or so, not to mention deaths in other detention facilities nationwide. Let’s hope the introduction of this new offence will cut that number. If it prevents just one further tragedy, it will have been a success."