Call for quicker resolution of investigations into police custody deaths

Call for quicker resolution of investigations into police custody deaths

Dame Elish Angiolini QC

Investigations over deaths in police custody should be finished within a year, Dame Elish Angiolini QC has said.

Giving evidence to Holyrood’s Justice Committee, she pointed out that the complaints process was as complicated as the “wiring system of the Starship Enterprise” – referring to the TV show Star Trek.

She said: “If you are in a cell or in custody you immediately have all sorts of rights which are accessible to you – access to a solicitor, etc.

“If you die (in custody) your family do not have instant right to a solicitor. So it is a very important aspect as well, the family need access to the same type of legal advice as the person would have in custody, both immediate and expert.”

Dame Elish said deaths in custody engaged article 2 of the European Convention of Human Rights.

“Where that happens, it creates huge stress, not just for the next of kin but also the officers involved,” she said.

“Their lives are suspended, if these matters go on for years then they cannot work, they often become ill and it is imperative these cases are dealt with.

“When I say it should be treated like a homicide, I am not talking about 110 days, I am talking about a year… which is sufficient time for investigations.

“We manage to get complex murder and culpable homicide cases into court in that period and these cases require that, because they are the most serious cases.”

Share icon
Share this article: