Guidance

Annex 2: police forces in England and Wales: role and responsibilities

Published 31 August 2022

Applies to England and Wales

Introduction

Where a British national dies as a result of murder, manslaughter or infanticide overseas, it will be investigated by the appropriate authorities in that country. However, there are circumstances where it may be best practice for the police in England or Wales to be involved.

There are limited circumstances where the Police have a legal authority to investigate the death of a British national that occurs overseas, for example section 9 of the Offences Against the Person Act 1861. The usual approach for police forces to become involved is through other countries or states requesting assistance. These are typically considered first by the United Kingdom Central Authority (UKCA), which is part of the Home Office.

Notification of the death

The FCDO Consular Directorate has the principal responsibility for the communication and liaison with a bereaved family following the death of a British national abroad. The FCDO will typically notify the relevant police force in England or Wales of the death and ask them to inform the bereaved family. The police officers responsible for delivering the death notification will sensitively pass on all information received from the FCDO regarding the circumstances of the death, as well as providing the contact details of the designated FCDO contact.

The police may be called upon by the FCDO to support FCDO Consular staff through the appointment of a Family Liaison Officer. The FCDO has a dedicated consular team, the Murder and Manslaughter Team who manage such cases. The Murder and Manslaughter Team’s responsibility is outlined in the FCDO section at Annex 1 above.

Role of the Police

There are a number of considerations regarding the role of the police where a death of a British national occurs overseas. The decision whether to provide any assistance in relation to a death of a British national abroad, is a matter for the Chief Officer of Police (Chief Constable of the relevant police force, or Commissioner for the Metropolitan Police Service and City of London Police) of the appropriate police force in England and Wales.

The circumstances where consideration to assist in such an investigation may include the following:

• identification of the deceased is an issue and there is a request for forensic samples to be obtained. For example, dental records, DNA analysis and fingerprints
• the overseas police service or relevant authority specifically request for enquiries to be conducted in the UK. An example of this would be where the overseas authority contacts police via Interpol or Europol
• the deceased’s body is returned to England and Wales and the local coroner requests police assistance for the purposes of an inquest
• murder or manslaughter cases which occur abroad and where the suspect is a British national. Section 9 of the Offences Against the Persons Act 1861 deals with the murder or manslaughter of a British national abroad; there are certain circumstances where the suspect can be prosecuted in England and Wales, however these cases are infrequent and are particularly challenging with many legal issues to overcome
• the death involves a conspiracy to murder, which has taken place in England and Wales, but the actual death occurs overseas
• bereaved families request police to assist in establishing the circumstances of the death of a British national This can arise where the family are dissatisfied with an investigation overseas and seek advice on murder investigations. It is important to note that a police force in England and Wales has no power to conduct criminal investigations overseas and the primacy of the relevant foreign jurisdiction must be respected.
• there is a formal request from an overseas authority for direct investigative assistance in the country where the death occurred. These requests are first considered by the United Kingdom Central Authorities (UKCA) unit in the Home Office, parameters may be set on what and how assistance may be provided by police

In cases of murder and manslaughter abroad it is recommended that consideration be given to a police Senior Investigating Officer (SIO) and Family Liaison Officer (FLO) being deployed.

In cases involving the death of a child, multi-agency child safeguarding procedures are required. Senior Investigating Officer (SIO).

Irrespective of the circumstances in which the police become involved in an investigation it is considered best practice to appoint a Senior Investigating Officer or Officer In the Case, since such investigations often present unique legal and cultural challenges. The appointment of a Senior Investigating Officer in support of any investigation into the death of a British national abroad is a decision for the local Chief Officer of Police.

Dependent on the circumstances of the case the Senior Investigating Officer may wish to consider the opportunities available to assist the investigation process, such as forensic and documentary evidence.

All actions of the Senior Investigating Officer must comply with the law in England and Wales and be documented to assist any investigative process.

In cases where there is more than one death arising from the same incident and the families are from different areas of England and Wales, operating protocols should be agreed by the respective police forces. It is recommended that a single Officer in Overall Command is appointed, to provide a consistent approach to families.

Family Liaison Officer (FLO)

The FCDO Consular Directorate has the principal responsibility for the communication and liaison with a bereaved family following the death of a British national abroad. The police may be called upon by the FCDO to support FCDO Consular staff through the appointment of a locally based Family Liaison Officer.

The primary role of police Family Liaison Officer is that of an investigator. The deployment of a Family Liaison Officer in support of any investigation into the death of a British national abroad is a decision for the local Chief Officer of Police.

The Family Liaison Officer forms an integral part of the investigation team and assists the Senior Investigating Officer of the investigation to achieve their investigative objectives. This often involves becoming the single point of contact between the family and the Senior Investigating Officer.

The terms of reference for the deployment of a Family Liaison Officer should be discussed and agreed with the FCDO’s Murder and Manslaughter Team, including who will take primacy for family communication and how it will be conducted.

It is important that the Family Liaison Officer and the FCDO’s Murder and Manslaughter Team agree roles and responsibilities, this will include the plan for communication with the bereaved family. The Family Liaison Officer may be able to provide background information, whilst the FCDO can provide information on repatriation, foreign policy and judicial systems, cultural issues and the likelihood of obtaining information from overseas authorities.

It is important that the bereaved family understands that the police and the FCDO are working in partnership. A record should be made of all information that is shared between the Family Liaison Officer and FCDO’s Murder and Manslaughter Team. This should ensure there are no misunderstandings and a record is retained for any future proceedings. It may be necessary for both Family Liaison Officers and the FCDO to directly contact families. Where this occurs, it is important that police and the FCDO inform each other of such contact in support of families.

In cases involving murder and manslaughter it should be made clear that the Coroner may request formal identification of the deceased and a visual identification may not be sufficient. In incidents where more than one person has died, it is vital that the identification is conducted according to international standards to ensure the correct body repatriated.

Where the deceased is repatriated to England or Wales and identification is necessary, Family Liaison Officers should obtain all the relevant information from the family. This may include DNA, medical and dental records, fingerprints or other forensic samples. The police will ensure the integrity of any evidential exhibits; where appropriate advice may be provided through the FCDO to overseas authorities in respect of evidential requirements.

Where the deceased is repatriated to England and Wales, the Coroner may ask police for assistance when conducting an inquest, such as enquiries to establish how that person died. The Coroner may also require a post mortem even if one was conducted abroad. Securing evidence for an inquest is difficult in those cases where bodies are returned from abroad, since it relies on the voluntary co-operation of overseas authorities. Where required by the Coroner, the police Family Liaison Officer may provide information to families about the inquest process, organ retention and the release of the deceased’s body.

Homicides due to terrorism

A police Counter Terrorism Senior Investigating Officer will be appointed to lead any criminal or coronial investigation for deaths abroad as a result of terrorism. They will also respond to requests to lead criminal or coronial terrorist related homicide investigations overseas.

Mass fatalities abroad

Where there are mass fatalities abroad due to criminal acts or otherwise, the police will respond in accordance with the International Incidents Memorandum of Understanding between the National Police Chiefs Council and the FCDO.