Question to the Home Office:

To ask the Secretary of State for the Home Department, what steps she is taking to ensure that all body‑worn video, radio communications, emergency‑call recordings and officer decision logs relating to the death of Henry Nowak are preserved and made available to investigators.

The Independent Office for Police Conduct (IOPC) is investigating the conduct of Hampshire and Isle of Wight Constabulary officers in connection with the death of Henry Nowak, including the contact officers had with him immediately prior to his death. It would not be appropriate for Ministers to comment on the actions of officers while the matter is under investigation by the IOPC.

The IOPC has powers to seek all relevant information from the force, including evidence, and its investigators have the powers of police officers under the Police and Criminal Evidence Act 1984 (PACE) if investigating a criminal offence.

The IOPC takes its operational decisions independently of the Home Office but has said, in its published statement of 2 June, that its ongoing investigation will consider the use of handcuffs and the provision of first aid.

The IOPC also said in that statement that it is reviewing a large amount of police body-worn footage, which it needs to consider in context with other evidence obtained, “including reviewing material presented during the murder trial, as we establish the full circumstances”.

Now that the criminal proceedings have concluded, the IOPC is planning to meet with Mr Nowak’s family and provide them with updates about their investigation. The IOPC shares material as required by legislation throughout an investigation by applying a harms test which balances matters relating to data protection, privilege, and operational sensitivity.

When officers take the decision to use force, including handcuffing a person, they are accountable through the law for their actions and must be able to justify those as reasonable, proportionate and necessary in all circumstances.

Ministers have engaged with Hampshire and Isle of Wight Constabulary, including the Chief Constable, in relation to the death of Mr Nowak. However, the police are operationally independent of Government, and it is for the force to determine how the incident and the response to the subsequent IOPC investigation is managed.

Police officers of all ranks are also expected to abide by the principles of the Code of Ethics, which supports everyone in policing to act in a professional manner. This sets out that the police serve the public, and all people equally and impartially. This is also a requirement of the statutory Standards of Professional Behaviour for police officers, a breach of which can result in disciplinary action, and ultimately dismissal.

The Code of Ethics requires all police officers and staff to make their decisions free from prejudice: this principle is at the heart of police practice and is the cornerstone of police training. Training for police investigators includes a specific focus on making impartial decisions free from prejudice, policing fairly and the practical effects of these fundamentals on the investigation process. Officers are also expected to adhere to relevant Authorised Professional Practice issued by the College of Policing.

The Home Office does not centrally hold information on whether allegations of racism were made during incidents attended by the police.