CRITICAL INICIDENTS

The Police Ombudsman automatically investigates:

• all discharges of police firearms (including those used in riot situations)
• all fatal road traffic collisions involving police officers
• any death which may have occurred as a result of the actions of a police officer
• any other serious allegation.

What type of incidents should I immediately inform the Police Ombudsman's Office about?

The Police Ombudsman's Office operates a 24-hour, 7 days a week emergency response system. A Senior Investigation Officer (SIO) is on call at all times. It is essential that you refer to these Guidance Notes to assist you in deciding whether or not you should contact the on call SIO immediately.

Your local Custody Sergeant or Duty Inspector should have the Police Ombudsman SIO's on-call mobile telephone number, should you need it. This number must not be divulged to any member of the public.

The on call SIO should be contacted immediately in any of the following circumstances:

a. In the event of a complaint/allegation against a member of the police:

• of a relevant offence, within the meaning of the PACE (Amendment) (NI) Order 2007;
• of a sexual offence;
• of an assault that could be classified as an assault occasioning actual bodily harm or a more serious injury;
• that may cause widespread public concern or attract media attention.

b. In the event of a death:

• where the conduct of a member of the police, whether on or off duty, may have resulted in the death of some other person (including road traffic accidents) ;
• where the person was detained in a police station or was otherwise in the hands of the police at the time of the death, or within the preceding 24 hours;
• in circumstances involving police in the execution of their duty.

c. In the event of a Police Officer discharging a firearm, except when:

• the discharge was accidental and within police premises and resulted in no injuries;
• the firearm was discharged during training.

d. In all cases when an impact round has been discharged (except during training)

e. In any other matter that you consider requires an immediate response.

It is important that notification to the on call SIO is not delayed while any other action is being taken.

What happens after I have called the Police Ombudsman's on-call SIO?

Once contacted by telephone, the on-call SIO will decide the appropriate level of response and advise you accordingly. If the on call SIO decides to send an Investigating Officer (IO), you (or the Station Custody Officer) will be informed of his/her identity. The IO should arrive within 90 minutes for an incident within the Greater Belfast area, or within three hours for an incident elsewhere in Northern Ireland.

Pending the arrival of the IO, the PSNI Senior Officer on duty at the incident must ensure that the scene is preserved and exhibits or potential exhibits are retained in accordance with PSNI Code Section 9.

On arrival, subject to the principles outlined here, the IO will take charge of all exhibits, take responsibility for the alleged crime scene and direct activity.
In cases where a crime scene relates to both alleged misconduct by a member or members of the police and a criminal offence by the complainant, the guidance notes attached here should be consulted.

Contacting the Police Ombudsman's office in non-emergency situations

If the complaint meets none of the criteria which require that the Police Ombudsman's Office be immediately informed about an incident, it can be treated as a non-emergency matter.

In that case, the completed Form OMB2, and if appropriate Form OMB2(b), along with copies of any medical reports and body charts must be faxed as soon as possible to the Police Ombudsman's Office. Your Custody Sergeant or Duty Inspector should have the relevant fax number.

Principles governing the management of critical incident scenes by the Police and Police Ombudsman investigators

• Alleged criminal offences committed by persons other than Police Officers will be investigated by the PSNI.
• Alleged criminal offences committed by PSNI Officers will be investigated by the Police Ombudsman.
• When joint crime scenes are involved, PSNI and Police Ombudsman's Investigating Officers will investigate their respective allegation, but the organisation with the most serious crime allegation will generally take the lead in respect of forensic support, crime scene management and access to any witness(es) and suspect(s). The Police and Police Ombudsman's Investigators will determine primacy on a case specific basis.
• In cases of dispute in respect of which investigation takes primacy, the matter should be raised with the appropriate authority within the PSNI (District Commander or Crime Manager as applicable), who can then speak to the Police Ombudsman's on call SIO or ultimately to the Police Ombudsman's Senior Director of Investigations.
• In cases dealt with by the emergency procedure where the PSNI assume primacy of the scene/investigation, this does not remove 'the absolute responsibility of the PSNI to immediately inform the Police Ombudsman's on call SIO. In accordance with the above principles, the Police Ombudsman's on call SIO will inform the PSNI of the intended actions of the Police Ombudsman's Investigating Officers.
• All documents, statements, forensic samples (or scientific results), photographs and any other investigative material relevant to the Police Ombudsman's investigation must be made available subsequently to the Police Ombudsman's Investigating Officer.
• The Police Ombudsman will fulfil his duty in respect of the Criminal Procedure and Investigations Act 1996 and Article 6 of Schedule 1 of the Human Rights Act 1998.

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