Post Incident Flashcards

1
Q

What are the 2 parts to a DSI?

A
  1. at the time of the DSI, the person had been arrested by a person serving with the police and had not been released, or was detained in the custody of a person serving with the police

OR

  1. at or before the time of the DSI, the person had direct or indirect contact with a person serving with the police who was acting in the execution of their duties, and there is an indication that the contact may have directly or indirectly caused or contributed to the DSI.
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2
Q

Does a DSI include officers that have been injured or killed?

A

This sub-category excludes contact that a person suffering the DSI had while acting in the execution of their duties as a person serving with the police (see section 12, Police Reform Act 2002, as amended by the Policing and Crime Act 2017).

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3
Q

What constitutes serious injury?

A

A serious injury is a fracture, deep cut, deep laceration or injury causing damage to an internal organ or the impairment of any bodily function

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4
Q

What is the chief officers role with a DSI?

A

Where a chief officer becomes aware of a DSI matter relating to a person under their direction and control, the chief officer must take all appropriate steps for the purposes of Part 2 of the Police Reform Act to obtain and preserve evidence relating to that DSI matter.

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5
Q

What are the three reasons for IOPC referrals?

A
  1. Complaint if as a result of a DSI
  2. Conduct matter if led to a DSI
  3. All other DSI matters

MUST

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6
Q

What does article 2 mean we are duty bound to do?

A

imposes a duty on the state to conduct an effective official investigation when individuals have been subject of a DSI as a result of the use of force by the police.

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7
Q

What is a KPW?

A

KPWs are police officers or staff who can give direct evidence of the DSI or the circumstances leading to it.

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8
Q

Can an officer who witnessed the incident be a KPW?

A

Yes

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9
Q

When could KPWs be allowed to confer?

A

This guidance should not prevent any officer/staff member from relaying operational or safety-critical information to those involved in the ongoing management of the incident or operation.

If conferring has taken place, document it.

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10
Q

What is the role of a PIM?

A

The PIM facilitates, manages and ensures the integrity of the PIP.

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11
Q

Who makes the decision on who is a KPW?

A

It is a joint decision between chief officer, Oscar 1 and IIO.

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12
Q

What are the 6 things a PIM does?

A
  • facilitate the investigation
  • ensure the integrity of post-incident procedures
  • explain post-incident procedures and developments to KPWs
  • consider the need to separate KPWs and record associated decisions or arrangements
  • ensure that the welfare of KPWs is considered
  • keep KPWs informed of developments.
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13
Q

What is stage 1?

A

Situation report

Oscar 1 is notified and they tell IIA

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14
Q

What is stage 2?

A

PIM basic facts

  • A source other than the KPW where possible
  • basic facts provided verbally or written
  • Who is involved and roles
  • Confirm, where relevant, who used force
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15
Q

When the PIM is provided with basic facts, what should the PIM do?

A
  • Confirm accuracy
  • time stamp record
  • both PIM and person providing sign
  • hand original to IIA at earliest opportunity
  • copy provided to person and PIM
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16
Q

What happens of the only person able to provide stage 2 basic facts is a KPW?

A
  • offer them the opportunity to take legal advice or consult a federation/staff association or trade union representative before obtaining the information
  • be aware of the need to take only basic information
  • record, date and time all information provided.

If this is the first account that the KPW has given, it will be disclosable in court and any differences between this and the KPW’s later account may be challenged.

17
Q

What is stage 3?

A

Personal initial account.

KPWs provide account before going off duty.

18
Q

What is stage 4?

A

Detailed accounts, interviews and statements

Usually after at least 48 hours.

19
Q

Can a KPW view reference material to assist them with their accounts?

A

The PIM has responsibility for determining whether an officer/staff member may refer to an item of reference material when providing their accounts and should make these decisions in consultation with the IIA and IIO/PSD.

It may be appropriate for a KPW to view or listen to other types of reference material, such as log information, contemporaneous audio or written notes, before providing a personal initial account. Such material may have captured information that helps them accurately recall relevant and essential information.This should be agreed by the PIM in consultation with the IIA and IIO/PSD.

20
Q

Should a KPW view their body worn before their stage 3?

A

There is no legal restriction on a KPW viewing their own body-worn video footage prior to making their personal initial account. The potential impact on the individual’s perception and recollection of events, however, makes viewing such footage inadvisable prior to completing the personal initial account.

21
Q

When is it appropriate for a KPW to view their Body worn video?

A

As a matter of general practice, a KPW to a DSI should generally be permitted to view their own body-worn video footage prior to completing their detailed account, as this may reveal differences between what they initially recalled and reported, and what was recorded by the body-worn video. In such a situation, they may then be able explain any discrepancy identified in their detailed account.

22
Q

Should a KPW view another KPW body worn prior to stage 4?

A

There may be circumstances where it is appropriate for one KPW to view another person’s body-worn video footage, for example, where two officers/members of staff were acting in close proximity and one body-worn video did not record.

23
Q

Who decides whether KPWs are separated or not?

A

Oscar 1, where possible with the PIM.

The PIM or chief officer will review and may override the decision or may decide to separate them at a later stage.

24
Q

What are the 3 considerations for separating?

A
  1. Is it safe?
  2. Is it necessary? (Criminal, misconduct or inappropriate)
  3. Is it practical? (Location/numbers)