A West Mercia Police officer is being charged by the Crown Prosecution Service (CPS) with murder and another with assault causing actual bodily harm in relation to the death of Dalian Atkinson in Telford, following an investigation by the Independent Office for Police Conduct (IOPC).
Mr Atkinson died in hospital in August 2016 after an incident in Meadow Close, Trench which police officers attended.
At the conclusion of our investigation in October last year which looked at police interaction with Mr Atkinson during the incident on 15 August 2016, the IOPC referred a file of evidence to the CPS, which has now decided to charge the following officers**:
- Police Constable A with the murder of Dalian Atkinson on 15 August 2016 in Telford, Shropshire. He has also been charged with unlawful act manslaughter as an alternative offence.
- Police Constable B with assault causing actual bodily harm.
The officers are appearing at Birmingham Crown Court today (Thursday).
IOPC Regional Director, Derrick Campbell, said: “We appreciate the patience shown by all concerned during our thorough and independent investigation and the period it was with the CPS for consideration. We have kept Mr Atkinson’s family, West Mercia Police, and the Coroner informed throughout.”
The actions of a third officer subject to the investigation were not referred to the CPS.
The IOPC investigates the most serious and sensitive incidents and allegations involving the police. Police forces have a statutory duty to refer all incidents involving a death or serious injury to us and one of our most important functions is to investigate deaths during or following contact with the police. All our work is carried out independently of the police, government, complainants and interest groups.
Our mission is to improve public confidence in policing by ensuring the police are accountable for their actions and lessons are learnt.
**Following a hearing before a judge on 13 November an anonymity order concerning the two officers was lifted. Police Constable Benjamin Monk (Officer A) has been charged with murder and Police Constable Mary Ellen Bettley-Smith (Officer B) has been charged with assault causing actual bodily harm .
An act of parliament that provides the core framework of police powers to combat crime and provide codes of practice for the exercise of these powers.
Leads and manages the development of the police service in England, Wales and Northern Ireland.
The body that represents the interests of all police constables, sergeants, and inspectors.
Deals with someone’s inability or failure to perform to a satisfactory level, but without breaching the Standards of Professional Behaviour.
Focuses on putting an issue right and preventing it from happening again by encouraging those involved to reflect on their actions and learn. It is not a disciplinary process or a disciplinary outcome.
Department within a police force that deals with complaints and conduct matters.
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This means doing what is appropriate in the circumstances, taking into account the facts and the context in which the complaint has been raised, within the framework of legislation and guidance.
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This act sets out how the police complaints system operates.
How a police force is run, for example policing standards or policing policy.
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The organisation that is responsible for assessing how to deal with a complaint. For example – whether it can be handled locally or reaches the criteria for referral to the IOPC. The appropriate authority may be the chief officer of the police force or the PCC for the force. If a complaint investigation finds that someone has a case to answer for misconduct, the appropriate authority is responsible for arranging any misconduct proceedings. If you make a complaint, the appropriate authority for your case will contact you.
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This is where a manager deals with the way someone has behaved. It can include: showing the police officer or member of staff how their behaviour fell short of expectations set out in the Standards of Professional Behaviour; identifying expectations for future conduct; or addressing any underlying causes of misconduct.
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A flexible process for dealing with complaints that can be adapted to the needs of the complainant. It may involve, for example, providing information and an explanation, an apology, or a meeting between the complainant and the officer involved.
A flexible process for dealing with complaints that can be adapted to the needs of the complainant. It may involve, for example, providing information and an explanation, an apology, or a meeting between the complainant and the officer involved.
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Quarter 3 covers 1 April - 31 December
Quarter 4 covers the full financial year (1 April - 31 March).
You can request a review/appeal if you’re not satisfied with how your complaint has been handled.
Used to house anyone who has been detained.
Complainants have the right to appeal to the IOPC if a police force did not record their complaint or notify the correct police force if it was made originally to the wrong force.
The purpose of an investigation is to establish the facts behind a complaint, conduct matter, or DSI matter and reach conclusions. An investigator looks into matters and produces a report that sets out and analyses the evidence. There are three types of investigations: local, directed and independent.
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A person who makes a complaint about the conduct of someone serving with the police.
The ending of an ongoing investigation into a complaint, conduct matter or DSI matter. An investigation may only be discontinued if it meets one or more of the grounds for discontinuance set out in law.
List of officers and staff who have been dismissed from policing, or would have been if they had not retired or resigned.
The type of behaviour being complained about. A single complaint case can have one or many allegations attached.
Disapplication means that a police force may handle a complaint in whatever way it thinks fit, including not dealing with it under complaints legislation. This may only happen in certain circumstances where the complaint fits one or more of the grounds for disapplication set out in law.
An independent judicial officer, the coroner enquires into deaths reported to him/her.
A breach of the Standards of Professional Behaviour that would justify at least a written warning.
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A record is made of a complaint, giving it formal status as a complaint under the Police Reform Act 2002.
This is a format where information is written in plain English and short sentences.
The IOPC must be notified about specific types of complaint or incidents to be able to decide how they should be dealt with.
No further action may be taken with regard to a complaint if the complainant decides to retract their allegation(s).
Casework involves assessing appeals. Casework staff also have a role in overseeing the police complaints system to help ensure police forces handle complaints in the best possible way.
Disapplication means that a police force may handle a complaint in whatever way it thinks fit, including not dealing with it under complaints legislation. This may only happen in certain circumstances where the complaint fits one or more of the grounds for disapplication set out in law.
Conduct includes acts, omissions, statements and decisions (whether actual, alleged or inferred). For example: language used and the manner or tone of communications.
You can request a review/appeal if you’re not satisfied with how your complaint has been handled.
You can request a review/appeal if you’re not satisfied with how your complaint has been handled.