[2023] UKUT 142 (AAC)

As the Tribunal explained at the outset of its decision:

“2.

The requested information relates to the death of an individual in custody of Devon and Cornwall Police in 2012. The matter was referred to the IOPC under police
complaints legislation and the IOPC investigated the case in line with its functions under the Police Reform Act 2002.

3.

The conduct of staff and officers was investigated by the IOPC, and a file of evidence submitted to the CPS for them to determine whether criminal charges would be brought. The investigation also considered if the officers had cases to answer for misconduct. A file of evidence was submitted to the Health and Safety Executive for the consideration of corporate charges.

4.

The CPS decided in December 2014 that three officers should face criminal charges of unlawful act manslaughter, gross negligence manslaughter and misconduct in a public office.

5.

In January 2016 the IOPC gave its opinion that seven officers had cases to answer for gross misconduct.

6.

In March 2016 the jury was discharged without delivering a verdict and in 2017 all officers were acquitted following a six-week retrial. Disciplinary charges were still under consideration and the IOPC was examining corporate decision making.

7.

In February 2018 the IOPC directed the force to bring disciplinary hearings for gross misconduct against six officers.

8.

In April 2018 the CPS decided to charge the Office of the Chief Constable of Devon and Cornwall Police with offences under the Health and Safety at Work Act 1974,
following the IOPC investigation. This resulted in a conviction and a fine after health and safety breaches were admitted in May 2019.

9.

After a preliminary hearing in July 2019 an independent panel decided to dismiss the misconduct case against the four of the officers and in October 2019 the IOPC announced its decision to withdraw the decision to direct misconduct hearings for the two remaining officers. The IOPC indicated at the time that there was apossibility of a future inquest and stated its commitment to make a publication decision on its reports once all associated proceedings had concluded.

10.

At some point between August 2021 and July 2022 the Coroner indicated that there would be an inquest into the death. The IOPC anticipated that this would take placein 2023. Following the inquest, there is a possibility that the CPS may conduct a further review of the evidence relating to the death, of which the investigation
report would be a part.”

On 26 July 2021 Mr. Williams made a request to the IOPC:

“Disclose the IOPC full report into death of [name redacted], died [date redacted] 2012”.