Sharon Harman
PFD Report
All Responded
Ref: 2023-0072Deceased
All 1 response received
· Deadline: 21 Apr 2023
Coroner's Concerns (AI summary)
Police guidance for pre-release checks in domestic abuse cases was not fully applied, and officers felt they lacked legal power to retain a suspect's house key.
View full coroner's concerns
I attach for your ease of reference a copy of the College of Policing Approved Professional Practice entitled Post arrest management of suspect and casefile and draw your attention to the following extract taken from page 17. Information Classification: CONTROLLED Checklist: Pre-release considerations Before a suspect is released from a police station officers should: inform the victim of the suspect’s impending release, regardless of whether the suspect has been bailed or not, and record this notification check if the suspect is in possession of keys to the victim’s house or car and remove them if so if the suspect offers a bail address with a previous or current partner, check not only that the person is happy for the suspect to be bailed there, but also that there is no history of domestic abuse – a curfew should never be imposed at an address where there is or has been domestic abuse update the risk assessment and safety plan
The guidance appears to anticipate a situation where a suspect and victim live at separate addresses but may have shared keys. The situation here was that Mr & Mrs Harman lived together at their home address in which they had shared ownership.
After police had interviewed Mr Harman for an offence of assaulting Elaine and causing her actual bodily harm – a charge Mr Harman denied – consideration was given to whether police could retain his house key given that a bail condition was imposed requiring him not to attend the address. It was felt that police did not have this power in law under s19 PACE or otherwise. Mr Harman’s key was returned to him. It was found snapped off in the lock of the house door (along with a destroyed bolt) after Mr Harman forced entry.
The guidance appears to anticipate a situation where a suspect and victim live at separate addresses but may have shared keys. The situation here was that Mr & Mrs Harman lived together at their home address in which they had shared ownership.
After police had interviewed Mr Harman for an offence of assaulting Elaine and causing her actual bodily harm – a charge Mr Harman denied – consideration was given to whether police could retain his house key given that a bail condition was imposed requiring him not to attend the address. It was felt that police did not have this power in law under s19 PACE or otherwise. Mr Harman’s key was returned to him. It was found snapped off in the lock of the house door (along with a destroyed bolt) after Mr Harman forced entry.
Responses
Action Planned
The Home Office will raise discrepancies between College of Policing guidance and PACE powers with the College of Policing. They describe plans for Domestic Abuse Protection Notices and Orders, and reference the Tackling Domestic Abuse Plan. (AI summary)
The Home Office will raise discrepancies between College of Policing guidance and PACE powers with the College of Policing. They describe plans for Domestic Abuse Protection Notices and Orders, and reference the Tackling Domestic Abuse Plan. (AI summary)
View full response
Dear Mr Cox,
Thank you for your letter of 27 February 2023 to Minister Philp enclosing a copy of a Preventing Future Deaths Report produced following the inquest of Sharon Elaine Harman. Your letter has been passed to officials for a response.
In your report you have identified key areas of concern where you believe that there is risk that future deaths may occur unless action is taken.
Thank you for bringing to our attention the disconnect between the College of Policing guidance and the powers provided to the police under s19 PACE. We will look to raise these discrepancies with the College of Policing. In terms of the recommendation to consider an additional power for police to retain house keys (for the duration of bail conditions only), we regularly consult with stakeholders, review existing legislation and associated Codes of Practice including any requirements for legislative reform, to ensure that the powers available to the police and law enforcement bodies are reasonable, proportionate and necessary in the circumstances, with the requisite safeguards to protect the rights of individuals and victims.
It is also worth noting that in the Domestic Abuse Act 2021, the Government committed to launching a new Domestic Abuse Protection Notice and Order (DAPN/DAPO), to be piloted from Spring 2024. These will go even further in protecting victims from all forms of domestic abuse. Including making a breach of a DAPO a criminal offence and giving court’s the power to impose electronic monitoring (tagging) conditions. A court could therefore impose an exclusion zone to prohibit a perpetrator from entering a specified area, such as a victim’s home. Perpetrator’s will also be subject to mandatory notification requirements of name and address, ensuring that where the perpetrator resides is known to the police. The Government is currently undergoing extensive work to prepare the new order for piloting from next year which will help to improve the protections for domestic abuse victims, including where they reside with the perpetrator.
It may also be helpful set out other relevant work the Government is progressing on these issues. We recognise that domestic abuse is intolerable and sometimes fatal, yet it is far too common. In March 2022, we published the cross-Government Tackling Domestic Abuse Plan. The Plan will seek to transform the whole of society’s response in order to prevent offending, support victims and pursue perpetrators, as well as to strengthen the systems processes in place needed to deliver these goals. The Plan invests over £230 million of cross-Government funding into tackling this heinous crime. This includes over £140 million for supporting victims and over £81 million for tackling perpetrators.
Kind regards,
Email: Public.Enquiries@homeoffice.gov.uk
Thank you for your letter of 27 February 2023 to Minister Philp enclosing a copy of a Preventing Future Deaths Report produced following the inquest of Sharon Elaine Harman. Your letter has been passed to officials for a response.
In your report you have identified key areas of concern where you believe that there is risk that future deaths may occur unless action is taken.
Thank you for bringing to our attention the disconnect between the College of Policing guidance and the powers provided to the police under s19 PACE. We will look to raise these discrepancies with the College of Policing. In terms of the recommendation to consider an additional power for police to retain house keys (for the duration of bail conditions only), we regularly consult with stakeholders, review existing legislation and associated Codes of Practice including any requirements for legislative reform, to ensure that the powers available to the police and law enforcement bodies are reasonable, proportionate and necessary in the circumstances, with the requisite safeguards to protect the rights of individuals and victims.
It is also worth noting that in the Domestic Abuse Act 2021, the Government committed to launching a new Domestic Abuse Protection Notice and Order (DAPN/DAPO), to be piloted from Spring 2024. These will go even further in protecting victims from all forms of domestic abuse. Including making a breach of a DAPO a criminal offence and giving court’s the power to impose electronic monitoring (tagging) conditions. A court could therefore impose an exclusion zone to prohibit a perpetrator from entering a specified area, such as a victim’s home. Perpetrator’s will also be subject to mandatory notification requirements of name and address, ensuring that where the perpetrator resides is known to the police. The Government is currently undergoing extensive work to prepare the new order for piloting from next year which will help to improve the protections for domestic abuse victims, including where they reside with the perpetrator.
It may also be helpful set out other relevant work the Government is progressing on these issues. We recognise that domestic abuse is intolerable and sometimes fatal, yet it is far too common. In March 2022, we published the cross-Government Tackling Domestic Abuse Plan. The Plan will seek to transform the whole of society’s response in order to prevent offending, support victims and pursue perpetrators, as well as to strengthen the systems processes in place needed to deliver these goals. The Plan invests over £230 million of cross-Government funding into tackling this heinous crime. This includes over £140 million for supporting victims and over £81 million for tackling perpetrators.
Kind regards,
Email: Public.Enquiries@homeoffice.gov.uk
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56-Day Deadline
21 Apr 2023
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Source: Courts and Tribunals Judiciary
Report Sections
Investigation and Inquest
On 24 February, I concluded an inquest into the death of Sharon Elaine Harman, 49, who was stabbed to death by her husband at their home address in Polperro, Cornwall on 6 August 2021. Mr Harman then cut his own throat. Tragically, both these events took place in front of the couple’s teenage daughters. . Elaine’s medical cause of death was recorded as: 1a) Stab wounds to the neck and chest
I recorded a Conclusion of Unlawful Killing.
I recorded a Conclusion of Unlawful Killing.
Circumstances of the Death
On 31 July and 4 August 2021, Elaine was assaulted by her husband. He was arrested by police on suspicion of assaulting her and occasioning actual bodily harm. In interview on 5 August, he denied the charge. He was released from custody later that day on police bail subject to two conditions (i) not to contact Elaine or their two children and (ii) not to attend the property.
On 6 August, it had been arranged for Mr Harman’s son to collect personal items from Elaine at the home address. Mr Harman rang his son to delay the appointment. In breach of the bail conditions, he then attended the home address, forced entry and stabbed Elaine to death.
On 6 August, it had been arranged for Mr Harman’s son to collect personal items from Elaine at the home address. Mr Harman rang his son to delay the appointment. In breach of the bail conditions, he then attended the home address, forced entry and stabbed Elaine to death.
Action Should Be Taken
There appears an obvious disconnect in the guidance issued by the College of Policing and the laws provided to police under s19 PACE or otherwise. This appears of particular concern in cases of domestic violence where, previously, the parties have lived together.
The police officers who gave evidence at inquest were of one voice that an additional power to retain a house key – for the duration of imposed bail conditions only – would be an additional and helpful power to have.
It was recognised there may be difficulties in applying any such power from a practical perspective. Of note, there was no easy way, other than an Officer returning to a property, to check whether a key being retained was actually a house key. Further, it was foreseeable that there may be issues about what could be done where there were multiple copies of a house key perhaps held by a variety of different persons.
Nevertheless, it was felt appropriate to make this report to you so that you could reflect on the position generally.
The police officers who gave evidence at inquest were of one voice that an additional power to retain a house key – for the duration of imposed bail conditions only – would be an additional and helpful power to have.
It was recognised there may be difficulties in applying any such power from a practical perspective. Of note, there was no easy way, other than an Officer returning to a property, to check whether a key being retained was actually a house key. Further, it was foreseeable that there may be issues about what could be done where there were multiple copies of a house key perhaps held by a variety of different persons.
Nevertheless, it was felt appropriate to make this report to you so that you could reflect on the position generally.
Copies Sent To
Chief Constable of Devon & Cornwall Police
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Data sourced from Courts and Tribunals Judiciary under the Open Government Licence.