Case Number: 2015/7720
Date of Findings: 13 April 2022
Magistrate: Deputy State Coroner, Magistrate Elizabeth Ryan
Catchwords: CORONIAL LAW – death of a child in the course of a police pursuit – should the police’s covert investigation of the driver have been allowed to continue – was the planning for an intercept of the driver adequate – should police vehicles have followed the driver through a residential property and park – was police action in the subsequent pursuit appropriate and in accordance with NSW Police Force policies – recommendations.
Responses
| Response | Status |
|---|
| Commissioner of the NSW Police Force | Received (PDF, 1.0 MB) |
Recommendations
To the Commissioner of the NSW Police Force:
- The Commissioner should give further consideration to the question whetherthe investigative strategy of utilising a stolen vehicle as part of an ongoing investigative strategy, so as to obtain more information about a suspected offender's involvement in other crimes, is a strategy that is appropriate.
- If, having given further consideration to Recommendation 1, the Commissioner considers the investigative strategy of utilising a stolen vehicle as part of an ongoing investigative strategy so as to obtain more information about a suspected offender is a strategy that is appropriate, the Commissioner should:
a. consider the circumstances in which that investigative strategy should and should not be deployed; and
b. provide appropriate guidance to members of the NSWPF as to the circumstances in which that investigative strategy should and should notbe deployed, and include, if considered appropriate, such guidance in the NSWPF Handbook. - The Commissioner should consider the training and instruction of police involved in criminal investigations and ensure that emphasis is placed on the importance of considering, from the outset of an investigation, what arrest strategies may ultimately be available and appropriate if a decision to arrest the person of interest is made during the course of investigation.
- The Commissioner should ensure that an appropriate procedure is in place to ensure that the risks of any investigative strategy are appropriately assessed and that the perceived benefits of that investigative strategy are weighed against those risks.
- The Commissioner should review the training and instruction provided to Tactical Operations Unit (TOU) operatives, to ensure that it covers the following matters:
a. The importance, prior to attempting a high risk vehicle intercept (HRVI), of considering the criminal and driving history of the person who is the subject of the planned HRVI;
b. the importance of considering the geographical area surrounding the planned HRVI and, in particular, of any means of leaving that area;
c. the importance of obtaining as much information about the geographicalarea surrounding a planned HRVI as is reasonably possible in the circumstances;
d. the importance of considering contingencies in the event that the HRVI does not proceed as planned; and
e. the importance of considering the possibility that members of the public might enter the area of operation of a planned HRVI. - The Commissioner should amend the policies governing the manner in which a HRVI is to be planned, attempted and/or executed so as to include a statement requiring those involved in effecting (or attempting to effect) a HRVI to obtain, prior to attempting a HRVI, as much information of the geographical area surrounding the planned HRVI (and, in particular, of any means of leaving that area) as is reasonably possible in the circumstances.
- The Commissioner should review the training and instruction provided to those officers involved in effecting a HRVI, to ensure that it covers the following matters:
a. When those vehicles with access to the tactical radio channel should switch from the tactical radio channel to the local radio channel;
b. the importance of monitoring the local channel in the event that an initial attempt to effect the HRVI is unsuccessful; and
c. the importance of communicating updates of relevant information over the tactical channel in a timely way. - The Commissioner should amend the policies governing the communications between the vehicle teams involved in a planned HRVI and any other vehicles in support of the HRVI as follows:
a. So as to include a statement requiring the team leaders of every vehicle team involved in a planned HRVI to switch over to the local channel as soon as reasonably practicable upon an attempt to effect a HRVI being unsuccessful.
b. [Redacted]
c. [Redacted] - The Commissioner should amend the policies governing the manner in which a HRVI is to be planned, attempted and/or effected:
a. so as to ensure that specific consideration is given as to when a HRVI is to be discontinued because the risks associated with it outweigh the benefits; and
b. [Redacted] - Clause 5.1 of the HRVI Standard Operating Procedures (SOP) should be amended by the deletion of the struck through words and the inclusion of the underlined words in their place as follows: [Redacted]
- After careful consideration I have decided not to make Recommendation 11 proposed by Counsel Assisting.
- Prior to being permitted to engage in any future operational HRVIs, Operatives 188 and 189 each undertake further training and instruction in the performance of HRVIs, with a particular emphasis on situational awareness andbe required to demonstrate a capacity to take in their surroundings in urgent circumstances.
- All Operatives involved in effecting or attempting to effect a HRVI should receive further training and instruction regarding the importance of assessing the risks involved in attempting the HRVI against the need or desire to effect theimmediate apprehension of the offender or to stop the vehicle.
- It is not necessary to make this recommendation. The Commissioner has advised that Operative 134 is no longer attached to the TOU.
- All police should receive further training and instruction regarding the importance of communicating allrelevant information about a pursuit to the VKG supervisor in a timely way, as required by clauses 7.5.1. and 7.5.2 of the of the SDP.
- The Commissioner should amend the policies governing the manner in which a HRVI is to be planned, attempted and/or effected so as to provide expressly that:
a. If it appears to the Tactical Commander or the team leader of Alpha vehicle team that a HRVI can no longer be performed (for any reason, including [Redacted], the Tactical Commander and/or the team leader of Alpha vehicle team must, unless it is impossible or impracticable to do so, immediately communicate this over the tactical radio channel;
b. [Redacted]
c. [Redacted] - The Commissioner should clarify what the intended relationship is between clause 12.4 of the HRVI SOPs and clause 7.4.2 of the SDP and, in particular, whether [Redacted] which arises in circumstances after a HRVI has been unsuccessfully attempted.
- The Commissioner should investigate allways in which TOU vehicles could be fitted with a device which visually and audially records their operations.
- The Commissioner should continue to investigate the ways in which TOU operatives could be equipped with a recording device to be carried on their person, which has the capacity to visually and audially record their operations.
- The Commissioner should amend the policies governing the manner in which a HRVI is to be effected, so as require any vehicles involved in a HRVI or in a support role which are equipped with an In Car Video system to activate that system during the period in which the HRVI is being attempted.
