Family Statements

Larry Fedja

‘Custody deaths’ corporate manslaughter crime

Police-Blurred Police and other authorities can now be prosecuted over deaths in custody in England, Scotland and Wales. Legislation which has now come into effect means police forces, the MoD, UK Border Agency and private firms managing people held in custody can be prosecuted for corporate manslaughter.

The main legislation came into force three years ago but ministers gave public bodies which hold people in detention until now to prepare for it. Campaigners have welcomed the change. Corporations can already be prosecuted for corporate manslaughter or for the equivalent offence (corporate homicide) in Scotland.

The extension of these offences to public bodies involved in detention means they could be prosecuted if they failed to ensure the safety of someone in their care.

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Tippa Naphtali

Proceedings against West Midlands Police chief

WM Police HQLong before the criminal trial and the Inquest, Mikey’s mother Claris and other family members issued claims against the Chief Constable of West Midlands Police because of Mikey’s death.

Once the Inquest was finished the family served details of their claims on the Chief Constable – this is the next step towards a trial in the High Court.

The details are based on the evidence at the Inquest. The Chief Constable gave his defence on 25 June 2010 – he denies more or less everything.

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Tippa Naphtali

Powell family makes Rule 43 recommendations

Reports & Filesfrom the Friends of Mikey Powell Campaign for Justice
2nd January 2010

The following are the recommendations under Rule 43 * put to the Coroner by the family’s legal representatives following the jury verdict on 18th December 2009.

These recommendations are compiled not only in relation to Mikey’s case but to other similar cases both in the West Midlands region and nationally.

* About Rule 43

Under Rule 43 of the Coroners Rules (as amended with effect from 17 July 2008) Where:

  • a coroner is holding an inquest into a person’s death;
  • the evidence gives rise to a concern that circumstances creating a risk of other deaths will occur, or will continue to exist, in the future; and
  • in the coroner’s opinion, action should be taken to prevent the occurrence or continuation of such circumstances, or to eliminate or reduce the risk of death created by such circumstances,

The coroner may report the circumstances to a person who the coroner believes may have power to take such action”.

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