GMP CC to be prosecuted for H&S breaches after man shot
Discussion
BBC News Mobile said:
The Chief Constable of Greater Manchester Police (GMP), Sir Peter Fahy, is to be prosecuted for health and safety breaches after an unarmed man was shot dead in Cheshire.
Anthony Grainger, 36, was shot in the chest after the car he was in was stopped in Culcheth on 3 March 2012.
The Crown Prosecution Service believes there is "sufficient evidence" to prove that GMP broke health and safety laws.
The force said it noted the decision to prosecute Sir Peter.
Prosecutors have decided that the marksman who killed Mr Grainger should not face charges for murder, manslaughter or misconduct in public office because a jury would be likely to accept that he believed his actions were necessary.
The GMP operation in which Mr Grainger was shot involved armed officers stopping an Audi in a car park. The vehicle was stolen and had false registration plates.
A bullet fired by an officer passed through the windscreen and hit Mr Grainger, from Bolton.
It later emerged the unarmed father of two had been wrongly suspected of stealing a memory stick containing the names of police informants.
A CPS spokesman said: "It is alleged that there were serious deficiencies in the preparation for this operation that unnecessarily exposed individuals to risk."
Sir Peter Fahy, Chief Constable of Greater Manchester Police, does not share criminal liability and will not have to appear in court
Sir Peter is accused of failing to discharge a duty under the Health and Safety at Work Act as he is "corporation sole" for the force, the CPS added.
This is a legal status and means that he does not share criminal liability or will personally have to appear in court.
A GMP spokesman said it was "important that these legal processes are allowed to take their course unimpeded in order to seek a resolution for both the family of Mr Grainger and the force".
The Independent Police Complaints Commission (IPCC) is currently investigating the death but will not publish its findings until the legal proceedings have ended.
An initial hearing will be held at Westminster Magistrates' Court on 10 February, the IPCC said.
If convicted, the force could face an unlimited fine.
The BBC's home affairs correspondent Danny Shaw said British police forces had been successfully prosecuted for health and safety breaches in the past.
The Metropolitan Police force was found guilty of endangering the public when officers mistakenly shot Jean Charles de Menezes at Stockwell Tube station in south London in July 2005.
Note that he is being prosecuted essentially as the 'front man' of the force.Anthony Grainger, 36, was shot in the chest after the car he was in was stopped in Culcheth on 3 March 2012.
The Crown Prosecution Service believes there is "sufficient evidence" to prove that GMP broke health and safety laws.
The force said it noted the decision to prosecute Sir Peter.
Prosecutors have decided that the marksman who killed Mr Grainger should not face charges for murder, manslaughter or misconduct in public office because a jury would be likely to accept that he believed his actions were necessary.
The GMP operation in which Mr Grainger was shot involved armed officers stopping an Audi in a car park. The vehicle was stolen and had false registration plates.
A bullet fired by an officer passed through the windscreen and hit Mr Grainger, from Bolton.
It later emerged the unarmed father of two had been wrongly suspected of stealing a memory stick containing the names of police informants.
A CPS spokesman said: "It is alleged that there were serious deficiencies in the preparation for this operation that unnecessarily exposed individuals to risk."
Sir Peter Fahy, Chief Constable of Greater Manchester Police, does not share criminal liability and will not have to appear in court
Sir Peter is accused of failing to discharge a duty under the Health and Safety at Work Act as he is "corporation sole" for the force, the CPS added.
This is a legal status and means that he does not share criminal liability or will personally have to appear in court.
A GMP spokesman said it was "important that these legal processes are allowed to take their course unimpeded in order to seek a resolution for both the family of Mr Grainger and the force".
The Independent Police Complaints Commission (IPCC) is currently investigating the death but will not publish its findings until the legal proceedings have ended.
An initial hearing will be held at Westminster Magistrates' Court on 10 February, the IPCC said.
If convicted, the force could face an unlimited fine.
The BBC's home affairs correspondent Danny Shaw said British police forces had been successfully prosecuted for health and safety breaches in the past.
The Metropolitan Police force was found guilty of endangering the public when officers mistakenly shot Jean Charles de Menezes at Stockwell Tube station in south London in July 2005.
Streaky
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff