Kay Martin
PFD Report
All Responded
Ref: 2019-0262
All 1 response received
· Deadline: 12 Dec 2019
Coroner's Concerns (AI summary)
A perpetrator of domestic abuse was not subject to any police bail conditions or restrictions for over a month, leaving the victim unprotected and at severe risk.
View full coroner's concerns
I was concerned to hear that from &th August 2018 to 1&th September 2018 Richardson had no protection in place: was only under investigation by the Police and was not subject to any conditions of police bail or other restrictions such as confiscation (or encouragement) to surrender his family home keys, all of which may have acted as a deterrent. [ was wondering whether you would review these procedures and resources available to protect victims of domestic abuse to prevent future deaths arising:
Responses
Action Taken
The Home Office has coordinated the implementation of several actions, including the NPCC publishing operational guidance on domestic abuse and high harm cases. HMICFRS are also inspecting all forces on their use of pre-charge bail. The government also introduced the Domestic Abuse Bill. (AI summary)
The Home Office has coordinated the implementation of several actions, including the NPCC publishing operational guidance on domestic abuse and high harm cases. HMICFRS are also inspecting all forces on their use of pre-charge bail. The government also introduced the Domestic Abuse Bill. (AI summary)
View full response
Dear Mr Winter
I am writing in response to your Regulation 28 report of 27 August following the tragic death of Kay Richardson. Your report raised a concern regarding the protection in place for the victim.
I am acutely aware of issues regarding the use of pre-charge bail, particularly in relation to vulnerable victims and witnesses. As such I am working closely with criminal justice partners on what further mitigations can be put in place. A significant amount of further work is already in train on this matter, including to ensure the robustness of current frameworks and greater oversight of the use of pre-charge bail in high harm cases.
However, it is important to be clear that pre-charge bail, including conditions, continues to be available to the police where it is necessary and proportionate, including to prevent further offences and protect victims and witnesses.
To date, the Home Office has coordinated the implementation of a number of actions on this issue. For example, the National Police Chiefs’ Council (NPCC) has published operational guidance that provides clear advice on domestic abuse and high harm cases, specifying that if a suspect has been arrested in connection with an offence involving vulnerable people or domestic abuse, there should be documented decision-making as to why pre-charge bail has not been used and serious consideration given to the imposition of bail with conditions in order to safeguard the victim. The guidance also advises that a detective inspector should be consulted before a domestic abuse or high harm offense suspect is released under investigation.
In addition, HMICFRS are inspecting all forces on their use of pre-charge bail. The reports will be key in building our evidence base for what wider changes may be necessary and as such the Government will give serious consideration to its findings.
You also raised concerns about the decision of the police to return to the perpetrator his home keys. As I gather you are aware, the Independent Office for Police Conduct investigated this matter in order to understand why such a decision would have been taken and to help prevent such events occurring in the future, and I expect the police to act on the findings.
More broadly, you may be aware that earlier this year the government introduced its landmark Domestic Abuse Bill and alongside this has published a comprehensive package of other measures following the domestic abuse consultation that took place in 2018. The government is committed to transform the response to this abhorrent crime that affects so many people in society, particularly women and sometimes with tragic consequences, such as the death of Kay Richardson. The package of legislative and non-legislative measures puts prevention and protection at the heart of the government’s approach to combat domestic abuse.
I hope my response is reassuring and I am grateful to you for writing and bringing this important matter to our attention.
I am writing in response to your Regulation 28 report of 27 August following the tragic death of Kay Richardson. Your report raised a concern regarding the protection in place for the victim.
I am acutely aware of issues regarding the use of pre-charge bail, particularly in relation to vulnerable victims and witnesses. As such I am working closely with criminal justice partners on what further mitigations can be put in place. A significant amount of further work is already in train on this matter, including to ensure the robustness of current frameworks and greater oversight of the use of pre-charge bail in high harm cases.
However, it is important to be clear that pre-charge bail, including conditions, continues to be available to the police where it is necessary and proportionate, including to prevent further offences and protect victims and witnesses.
To date, the Home Office has coordinated the implementation of a number of actions on this issue. For example, the National Police Chiefs’ Council (NPCC) has published operational guidance that provides clear advice on domestic abuse and high harm cases, specifying that if a suspect has been arrested in connection with an offence involving vulnerable people or domestic abuse, there should be documented decision-making as to why pre-charge bail has not been used and serious consideration given to the imposition of bail with conditions in order to safeguard the victim. The guidance also advises that a detective inspector should be consulted before a domestic abuse or high harm offense suspect is released under investigation.
In addition, HMICFRS are inspecting all forces on their use of pre-charge bail. The reports will be key in building our evidence base for what wider changes may be necessary and as such the Government will give serious consideration to its findings.
You also raised concerns about the decision of the police to return to the perpetrator his home keys. As I gather you are aware, the Independent Office for Police Conduct investigated this matter in order to understand why such a decision would have been taken and to help prevent such events occurring in the future, and I expect the police to act on the findings.
More broadly, you may be aware that earlier this year the government introduced its landmark Domestic Abuse Bill and alongside this has published a comprehensive package of other measures following the domestic abuse consultation that took place in 2018. The government is committed to transform the response to this abhorrent crime that affects so many people in society, particularly women and sometimes with tragic consequences, such as the death of Kay Richardson. The package of legislative and non-legislative measures puts prevention and protection at the heart of the government’s approach to combat domestic abuse.
I hope my response is reassuring and I am grateful to you for writing and bringing this important matter to our attention.
Sent To
- Home Office
Response Status
Linked responses
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56-Day Deadline
12 Dec 2019
All responses received
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Source: Courts and Tribunals Judiciary
Report Sections
Investigation and Inquest
Kay Michelle Martin (referred to herein as Richardson) was born on 26th December 1968 and died on 21st September 2018, 49 years. The cause of her death was Strangulation and Blunt Force Head Injury. I opened and adjourned an Inquest into her death as of my Investigation on September 2018 The Inquest was heard on August 2019 when I gave a conclusion that Kay Richardson was unlawfully killed and further recorded that: Kay Michelle Martin (nee Richardson) died on 2lst September 2018 at 00:30 hours at Sunderland following a brutal and sustained attack:
Circumstances of the Death
Richardson had a volatile relationship with her husband They were joint owners of the matrimonial home at in Sunderland. Between 1st January 2011 and 12th September 2018 there were 12 reported incidents of domestic abuse: On &th September 2018 lwas arrested for assault and rape and later released that by the Police under investigation: The to the former matrimonial home were returned to Civic Centre; Burdon Road Sunderland, SRZ 7DN Tel 0191 5617843 Fax 0191 5537803 DX 60729 Sunderland WwW ssunderlandcoroner.co.uk City QV: Kay aged 27th part 22nd Kay keys day
Richardson was assessed by the Police as being high risk On September 2018 Kay Richardson attended the Family Court and was non-molestation order_ was served with that order (and other papers including a detailed statement about his behaviour) on 1&th September 2018 with a return date of 26th September 2018 to the Family Court to consider the continuation of the non-molestation order and for the Judge to consider making an Occupation Order to exclude from the family home: On the evening of 19th September 2018 gained to the family home with his keys, hid upstairs_subjected Richardson to catastrophic injuries t0 cause her death before Itaking his own life by hanging:
Richardson was assessed by the Police as being high risk On September 2018 Kay Richardson attended the Family Court and was non-molestation order_ was served with that order (and other papers including a detailed statement about his behaviour) on 1&th September 2018 with a return date of 26th September 2018 to the Family Court to consider the continuation of the non-molestation order and for the Judge to consider making an Occupation Order to exclude from the family home: On the evening of 19th September 2018 gained to the family home with his keys, hid upstairs_subjected Richardson to catastrophic injuries t0 cause her death before Itaking his own life by hanging:
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Data sourced from Courts and Tribunals Judiciary under the Open Government Licence.