17 July 2006
For Immediate Release

Health & Safety Prosecution to Follow Stockwell Shooting

The Crown Prosecution Service (CPS) has today said that it will commence proceedings against the office of the Commissioner of Police of the Metropolis for an offence under sections 3 and 33 of the Health and Safety at Work, etc. Act 1974 of failing to provide for the health, safety and welfare of Jean Charles de Menezes on 22 July 2005.

The CPS has also informed the Independent Police Complaints Commission (IPCC) that there is insufficient evidence to bring prosecutions against any individual officer.

The IPCC is now in the process of obtaining and serving a summons on the office of the Commissioner of Police of the Metropolis.

Senior IPCC Investigator, John Cummins, led the investigation into the circumstances surrounding Mr de Menezes’ death and submitted a file of evidence to the CPS on 19 January. That file and the accompanying report addressed the individual actions of fifteen officers, whether any of these fifteen officers may have committed a criminal offence, and the question of whether there had been a breach of section 3 of the 1974 Act.

Questions of whether disciplinary action should be taken against any officer will be considered in due course and in accordance with the provisions of the Police Reform Act 2002.

HM Coroner, John Sampson, will now be likely to consider the future conduct of the inquest into Mr de Menezes’ death. The next inquest hearing is currently scheduled for 7 September 2006 at Southwark Coroner’s Court, London.

The IPCC will publish the report of its investigation as soon as legal considerations allow.

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Issued by: Rachael Collins, IPCC Press Officer on 020 7166 3142 / 07717 851157.

Notes for editors

  • The IPCC is the body with overall responsibility for the police complaints system.   Since April 2006 it has taken on responsibility for similar, serious complaints against HM Revenue and Customs and the Serious Organised Crime Agency in England and Wales.
  • The IPCC has the task of increasing public confidence in the complaint systems and aims to make investigations more open, timely, proportionate and fair.
  • The 17 Commissioners who run the IPCC guarantee its independence and by law can never have served as police officers. No Commissioner has worked for HM Revenue and Customs.  They are supported by 100 independent IPCC investigators, as well as case workers and specialist support staff.
  • Since April 1 2004 the IPCC has used its powers to begin 95 independent and 359 managed investigations into the most serious complaints against the police. It has set new standards for police forces to improve the way the public's complaints are handled.   The Commission also handles appeals by the public about the way their complaint was dealt with by the local force.
  • The IPCC is committed to getting closer to the communities it serves.  Its Commissioners and staff are based in IPCC regional offices in Cardiff, Coalville, London and Sale plus a sub office in Wakefield.   
  • The IPCC web site is constantly updated at www.ipcc.gov.uk or members of the public can contact the IPCC on 08453 002 002.