WITNESS SUPPORT


today, has transformed the way the MPS approaches inquest cases. It has evolved since its inception to provide a broader package of assistance to police witnesses which includes seeking enhanced measures of support from Coroners. It also supports colleagues in the Directorate of Legal Services in a more collaborative approach in its preparation for inquests. The IT has become well known across the MPS and amongst senior colleagues as a place for knowledge, experience, and expertise. Its services are drawn for advice and support on anything to do with inquests. It has a reputation across the service as one that is critical to MPS’s inquest preparations, irrespective of the size of the inquest case or area in which it is based, such as core front line policing or terrorism linked cases. However, it has taken many years to build this reputation and to achieve recognition within the MPS. It has become apparent that inquest cases concerning a need for the MPS to be legally represented are on the rise, case volumes are considerably higher than they were ten years ago. Following a move from the Directorate of Professional Standards into the Inquiry Review Support Command (IRSC), the IT saw a rise in staffing numbers to five sergeants and one member of police staff which recognised the vital role it undertakes and the level at which it operates. The IT’s expertise, approachability and simple understanding of the process, and impact on staff enables it to engage with police witnesses. This may be soon after the death or sometimes later when the position of witnesses is known. They do not compromise the evidence gathering phase and therefore assess at what stage it is appropriate to engage with witnesses. The IT want them to know that a coronial process will follow any investigation and that whilst their journey may not be over, they will have a guiding hand to help them navigate their way through. Simplicity is at its core and if a witness has


identifiable lines of communication and feels supported then they will provide their best evidence. They will also be capable of being able to get back out there afterwards and do what they do best in whatever role they are in, or to settle back into life outside the organisation if they have left. The support provided to witnesses is in the form of contact updates, telephone calls and emails, provision of information, signposting and a face-to-face pre-inquest


meeting before attending Coroner’s court to talk through who they will see and, crucially, what it will feel like being faced by the family and their legal representative. To further support and settle witnesses, the IT will explain who the barristers will be, thereby affording the witnesses an element of familiarity prior to meeting them during evidential examination. Critically, this is not about coaching, this is about talking through the coronial process, what it hopes to achieve, how it operates and what conclusions can be drawn. Explaining along the way about some of the pitfalls when giving evidence, what can go wrong and ensuring witnesses give some thought to having strategies in place to deal with different eventualities, such as coming across as defensive, getting upset or forgetting their evidence. This is aimed to strip inquests back to basics. Changes to the criminal justice system appears to have led to a reduction in court appearances and therefore court experience is perhaps not as varied as it once was. Even then,


“ Critically, this is not about coaching, this is about talking through the coronial process, what it hopes to achieve, how it operates and what conclusions can be drawn.”


a criminal court is not the same as a Coroner’s court. So, the IT operates at the same start point for everyone and makes no assumptions.


The IT will not cross over into the evidence during witness meetings. There are no discussions that would compromise the inquest or the witness’ position. They will attend Gold Groups to ensure the position of police witnesses is properly considered, advising on what localised support measures might be required and being the voice of reality to remind senior leaders that this is not just about upholding the Commissioner’s and MPS’s reputation, but there are real people affected by a death who are nervous about giving evidence for any number of reasons, and who the MPS is relying on to come across as capable and competent. Whilst the IT are not welfare officers, it will assist, provide insight, experience, and information to those charged with the responsibility to look after staff. The IT will engage with locally assigned welfare officers, Fed reps and those from other staff associations, working collaboratively to identify the most appropriate pathways


and support services which can assist, including considering those staff with PTSD and other mental health concerns; and set out to do what it can to address those situations as well as seeking financial assistance from the Mayor’s Office for Policing and Crime, which is another responsibility it undertakes and advises on. This approach gives resilience to the process and ensures everyone involved knows where they can access the most appropriate advice leading to increased trust and confidence in the team and the organisation. These preparations are essential and ensure witnesses are professional, courteous, helpful, and sensitive to the circumstances they find themselves in; as well as better informed about a process they probably know very little about. Such support is offered to all witnesses regardless of whether they have their own legal representation or not. Cases of separate legal representation can arise where there is a conflict between the position of a particular witness and that of the Commissioner, the coroner may have granted them their own status at the inquest, which means they can have their own legal representation to assist their inquest preparations, which is external to the MPS


Directorate of Legal Services. Due to the lack of familiarity with these processes and the language, such messaging can be difficult to convey and if not dealt with appropriately can lead to feelings of isolation from the MPS. Over the years, the team has built solid, trusted relationships with the


Federation and its recommended solicitors, and find themselves in the unique position of being able to offer support to witnesses who are separately represented. Both, the Federation and their instructed solicitors, accept that such support measures are integral to a witness’s preparations and through its expertise, professionalism and determined approach to witness support, it is understood that they will not cross the boundaries and breach client confidentiality. This ensures that a consistent level of support can be offered to everyone irrespective of their position. The IT never forgets that police


contact deaths will affect every individual differently and most commonly members of staff will bring their personal experiences of death and inquests to


47 | POLICE | AUGUST | 2023


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