3E+WIn section 12 (matters to which Part 2 applies), after subsection (2) insert—
“(2A)In this Part “death or serious injury matter” (or “DSI matter” for short) means any circumstances (other than those which are or have been the subject of a complaint or which amount to a conduct matter)—
(a)in or in consequence of which a person has died or has sustained serious injury; and
(b)in relation to which the requirements of either subsection (2B) or subsection (2C) are satisfied.
(2B)The requirements of this subsection are that at the time of the death or serious injury the person—
(a)had been arrested by a person serving with the police and had not been released from that arrest; or
(b)was otherwise detained in the custody of a person serving with the police.
(2C)The requirements of this subsection are that—
(a)at or before the time of the death or serious injury the person had contact (of whatever kind, and whether direct or indirect) with a person serving with the police who was acting in the execution of his duties; and
(b)there is an indication that the contact may have caused (whether directly or indirectly) or contributed to the death or serious injury.
(2D)In subsection (2A) the reference to a person includes a person serving with the police, but in relation to such a person “contact” in subsection (2C) does not include contact that he has whilst acting in the execution of his duties.”
Commencement Information
I1Sch. 12 para. 3 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(w)