Failures of the investigation conducted by the UK authorities in this case are
illustrative as to what actions may be required to enable State authorities to
discharge their obligations with regard to the effective and independent
investigation of complaints against the police. There were failures in the
investigation into the death of Mr Alder in police custody in that;
x
x
x
x
x
x
It was carried out by a neighbouring police force rather than an
independent body;
blood samples, officers’ clothing and Mr Alder’s clothing were all
destroyed without being tested;
subsequent investigations were compromised by insufficient initial
protection of potential evidence;
the cause of Mr Alder’s death was never definitively established;
whether Mr Adler had been assaulted by any of the officers was not
established; and,
the (later established) Independent Police Complaints Commission
concluded that despite flaws in the original investigation and findings
of “quite obvious neglect of duty” and “unwitting racism” – no further
action could be taken against the police.
The UK government later contended that developments after the death of Mr
Alder would assist in leading to the prevention of the sorts of circumstances
that surrounded the death. It is these developments that illustrate some
further elements of what actions may provide for effective and impartial
investigations and which link directly to principles of police oversight. They
included;
x
x
x
x
x
x
Legislative reform – creating a new police complaints system which
compelled the police to refer all deaths or serious injuries following
contact with the police to an Independent Police Complaints
Commission (IPCC);
powers for the IPCC to independently conduct its own investigations;
all the powers of a police officer to be conferred on IPCC investigators
in conducting an investigation;
powers for the IPCC to openly publish the findings of their
investigations;
revised police conduct regulations to cover the management of
discipline cases against police officers; and,
provision of guidance to police officers working in custody
environments, including requirements to make risk assessments 12.
12
The Association of Chief Police Officers and the Home Office “Guidance on the Safer Detention & Handling of
Persons in Police Custody” 2006
7