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derives from an ACPO (Association of issue will revolve around recollections of inquest (or occasionally a criminal trial)
Chief Police Officers) Steering Group specific movements by the individuals that determines whether the officer’s
and Ministry of Justice Circular, but involved, over a matter of seconds. Are actions were justified and there is a
these are really aimed at the vulnerable, these issues not better explained in a distinct lack of criticism from this source.
intimidated and inexperienced witness. detailed statement written by the officer, The IPCC is simply the investigative
There is no scientific evidence that an allowing them time to consider the body and whilst it is right that every
interview will necessarily produce a issues rather than under the pressure DSI should be robustly investigated, the
better, more detailed, more accurate of immediate questioning, when the vulnerability of the officer concerned
account of the events. interviewee knows that the consequences means that a balance must be maintained
There is an important distinction of an inaccurate comment may be in the powers exercisable by the investigator.
between these types of witnesses and the detrimental? And if the IPCC really You have not time travelled back to
officer who has used force resulting in wants to get comprehensive, unreserved the days of the Spanish Inquisition and
death or serious injury. The vulnerability assistance from the officers involved, you cannot be compelled to answer

The Spanish Inquisition

of the officer is being overlooked. An do they honestly think compelling an questions. You can choose the best way
IPCC investigation must be capable officer to attend an interview against for you to provide your evidence. If you
of determining whether the force used their will is going to create this culture of prefer to have the opportunity to think
was justified and the identification and cooperation? The danger is that it might about what you are saying rather than
punishment of those responsible. This is have the exact opposite effect. having to respond to questions, to be able
an obligation placed on the IPCC under Compulsory interviews are not the to seek advice when you need it from
Article 2. This is why a balance has to only issue at hand. Firearms Officers someone whose sole job is to look after
be struck between the interests of the should know that the issue of conferring your interests, you can decline to answer
investigation and the interests of officers has not gone away. Notwithstanding questions, even in an interview situation,
who have used lethal force on behalf of a working party in 2008, post the and can instead choose to provide this in
the state. Mark Saunders shooting, that involved a statement.
It is disingenuous to say that the all the stakeholders, including the The Criminal & Misconduct team at
officer concerned is being treated as IPCC, discussing and agreeing sensible Russell Jones & Walker, part of Slater &
a witness and should have nothing to amendments to the ACPO Manual, Gordon Lawyers is led by Scott Ingram
fear from being required to submit to there is pressure being brought on ACPO and has an unrivalled track record
interview. PC Patrick Hodgson was to re-visit this part of the post incident in police misconduct cases. For duty
prosecuted for murder in 1997 for the process. Similarly, the IPCC was involved related incidents, members should in
fatal shooting of David Ewan in 1995 in a consultation process as recently as the first instance seek authority from the
in Barnes southwest London. PC Chris 2011 that resulted in the amendment of Branch Board before contacting us. In
Sherwood was prosecuted for murder the ‘Providing Accounts’ section within cases of emergency where a member has
in 1999 for the fatal shooting of James the ACPO manual, the very section that been arrested, immediate access to an
Ashley in Sussex in 1998. Both were is now being criticised as inadequate. experienced RJW S&G criminal lawyer
treated as witnesses in the early post One wonders why this issue is being re- can be obtained outside normal office
incident phase of the investigation. Both visited so soon. hours by calling 0800 908 977, 24 hours
became suspects. Both were tried for The current media campaign paints a day, 365 days a year ■
murder. Both were acquitted but it is the Firearms Officer as obstructive and
what every Firearms Officer knows could non-cooperative. The IPCC uses this t 0800 908 977
be the ultimate outcome of his/her case. to justify its call for additional powers, W www.rjw.co.uk/policelaw
Ultimately, the issue in interview will hoping to demonstrate to the public e enquiries@rjwslatergordon.co.uk
not be about who fired the fatal shots, that it has teeth and can call officers to
nor even the justification for it. The account. But ultimately it is a jury at an