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D. Speers made this Freedom of Information request to Ministry of Justice
The request was successful.
From: D. Speers
18 May 2009
Dear Sir or Madam,
In Parliament recently Jack straw stated "any death in custody is a
tragic event. the Government are committed to learning from such
events and reducing the number of self inflicted deaths in prison
custody"
Two points:
1)Death in custody can also mean under Section 2 as an inpatient
within mental health services.
2)The National Patient Safety Agency state "whenever an unnatural
death occurs there is always failure".
Questions:
1)How were the recommendations, made to and accepted by, the
Secretary of State, in the thematic review entitled "Suicide is
Everyone's Concern" published in 1999 implemented?
2) what will replace suicide indicators in prisons after the
proposed national withdrawal of suicide indicators by 2011?
Comment:
‘No man is an island entire of itself; every man is a piece of the
continent, a part of the main; Any man’s death diminishes me
because I am involved with mankind;And therefore never send to know
for whom the bell tolls; It tolls for thee.’
John Donne (1573-1631)
Yours faithfully,
D. Speers
From: Data Access & Compliance Unit
Ministry of Justice
20 May 2009
Dear D Speers,
Please find attached your acknowledgement to your Freedom of Information
request.
Yours sincerely
Hannah Law
(sent on behalf of David Keysell)
Data Access & Compliance Unit
Postal Point 6.25, Zone B
102 Petty France
London SW1H 9AJ
This e-mail (and any attachment) is intended only for the attention of the addressee(s). Its unauthorised use, disclosure, storage or copying is not permitted. If you are not the intended recipient, please destroy all copies and inform the sender by return e-mail.
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From: Adeniji Tunde
Ministry of Justice
16 June 2009
Dear Sir/Madam,
Please see attached a response to your query which was received by the
Data Access & Compliance Unit in May.
I trust this answers your query sufficiently.
Kind regards
Tunde Adeniji
Safer Custody & Offender Policy Group
Directorate of Commissioning & Operational Policy
HM Prison Service | National Offender Management Service
Ministry of Justice | Fry Building (NE Quarter) | 1st Floor
2, Marsham St, London | SW1P 4DF
Tel: 0207 035 4280 | Fax: 08703 369 195
Email: [email address]
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From: D. Speers
17 June 2009
Dear Adeniji Tunde,
Thank you for your comprehensive response, I shall study it with
interest.
Thanks again, I appreciate your time.
Yours sincerely,
D. Speers
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D. Speers left an annotation (24 May 2009)
Lord David Ramsbotham (ex Chief of Prisons) is looking for: a root and branch revision of the whole Coronial system, because he does not think that the Bill has tackled some serious issues, such as the fact that Coroners are not part of the Court Service and have to go to local authorities for resources, leading to the post code lottery, Coroners having to do 40 years to qualify for pension, leading to some very old Coroners and a lack of young talent.
If Coroners were part of the HMCS, Jack Straw could investigate any ot them, as head of it!
In the case of detention under Mental Health Act:
Coroner's and Justice Bill - protecting those detained by the state
In particular I have read that s.7 of the Bill appears to be weakening the legal requirement for inquests to be held before juries where the deceased person was in the custody or detention of the state. The current position is that all deaths in custody are automatically heard before juries, in recognition of the fact that the state must be properly held accountable for all deaths that occur on its watch.
s.7 of the Bill currently states that inquests into deaths that have occurred in detention or custody will only take place before juries where the death was violent or unnatural (s.7(2)(a)(i)), where the cause of death is unknown (s.7(2)(a)(ii)), where a member of the police is involved (s.7(2)(b)(i) and (ii)), where the death was due to a notifiable accident, poisioning or disease (s.7(2)(c)), or otherwise where the senior coroner thinks there is sufficient reason for doing so (s.7(3)).
I am concerned that this means a large number of deaths which would previously have been investigated (e.g. deaths in prison) will not automatically be heard before a jury.
In addition to this, I believe that all deaths where the state is implicated (deaths in custody, as well as those relating to people detained under the Mental Health Acts) require the highest level of scrutiny due to the vulnerable position of prisoners and detained people in society. The state has a legal obligation to protect the rights of those in its custody and detention, as well as to fully investigate such deaths under the European Convention on Human Rights and the Human Rights Act.
I have urged the Lords to introduce or support an amendment to s.7 of the Coroner's and Justice Bill to make inquests concerning the deaths of those in custody or detention automatically heard before juries. The state must be seen to take such deaths seriously, including where there may be evidence of systemic failures which result in death, and this amendment would also give families more confidence that the state is prepared to take responsibility for properly investigating any problems.
I met Lord Darzi at a recent Rethink meeting in Londonand was impressed by his understanding of the health issues he was having to deal with. But there still is too much a,abiguity within the intention and interpretation of guidance....to many get out of jail free cards in the pack!
I have asked Lord Darzi to please ensure that Health Service Guidelines intention matches the Strategic Health authorities interpretation. Currently one of the main indicators of significant system failure is 'suicide clusters' but suicide indicators are being withdrawn nationally from 2011 (and the PCT indicators already have been)
What a minefield!
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