Recommendation - Metropolitan Police Service and Ministry of Justice, March 2025

The IOPC recommends that the Metropolitan Police Service (MPS) and Ministry of Justice (MOJ) work together to review the process for responding to alleged breach of bail conditions to ensure that, where an electronic monitoring breach is identified, adequate checks are completed which could verify the breach notification and inform whether any police action is required. Any review should consider: 

• The role and responsibilities of each organisation, including how they can work together to ensure proportionate checks are completed.
• What changes to policy, guidance or training are needed to make sure staff understand the process 

This recommendation has arisen following the investigation into the fatal shooting of a man. Investigation into the months preceding the man’s death found he had previously been convicted of stalking a member of the public and pending sentencing he had been placed on conditional bail. Whilst on bail, the man had conditions in place not to enter the exclusion zone of SE16, save for once in the company of police to collect his belongings. 

When he returned to Bywater Place to collect his belongings, he did so in accordance with his bail conditions and informed the EMS in advance that he would be doing so. A CAD was created which documented that he had made an appointment with police and that it had taken place.

Despite this, the man’s attendance at Bywater Place was recorded as a breach of bail and he was later arrested. This caused him unnecessary distress at being incorrectly arrested and concerned that he would lose his job. No further action was subsequently taken against the man, whose arrest took up significant police and court resources. 

The current process for verifying alleged bail breaches lacks clarity on what the role and responsibility of each agency involved, and each team, is in verifying whether an electronic monitoring breach is genuine or caused by the police/another agency. 

Metropolitan Police Service: accepted

The MPS has considered and accepts the IOPC’s recommendation. 

We have consulted with the Ministry of Justice (MoJ) who lead on Electronic Monitoring Tagging, and they are currently working with a new service provider for the monitoring of suspects. The MoJ have ensured that the new provider is aware of their responsibilities when dealing with breaches of bail conditions which are electronically monitored. 

Within the MPS a new process for dealing with these breaches has been created as part of the wider Offender Management work that is being undertaken. This clearly articulates the actions required by officers when dealing with breaches of bail conditions by those electronically monitored. 

Within the MPS a new process for dealing with these breaches has been created as part of the wider Offender Management work that is being undertaken. This clearly articulates the actions required by officers when dealing with breaches of bail conditions by those electronically monitored. We are working in partnership with the MPS Lead Responsible Officer for Offender Management through MPS wide Offender Management meetings and the MPS Tasking and Coordination Unit to ensure that officers are aware of their responsibilities.

In this case, officers accompanied a male to an address to remove his property which he was allowed to do as part of his bail conditions. However, once the breach had been received by the MPS, it is clear that insufficient enquires were undertaken prior to the arrest enquiry being conducted. If this process had been followed this would have prevented the arrest. As stated, the new process is clear around the responsibilities for officers when undertaking such arrest enquires.

Ministry of Justice: accepted

I can confirm we have met and discussed this case and the learning arising from it. We are working closely with Serco as the new provider to ensure they adhere to the contractual requirements. In recent times the MPS have led the way in responding to breach notifications and we have spoken about the processes in place.