Deaths in Custody, including following contact with the police
Plain-English digest of CPS prosecution guidance.
AI-generated summary — not verbatim. This is a plain-English digest, not the official CPS text. It may omit detail or fall out of date. Do not rely on it for a charging decision — read the full guidance on cps.gov.uk and check the current legislation.
This prosecution guidance outlines the approach to cases involving deaths occurring while individuals are in custody. It defines what constitutes a 'death in custody' and provides a detailed framework for investigation, prosecution, and interaction with bereaved families. The guidance emphasizes the need for independent investigations and the role of the CPS in ensuring thorough scrutiny of such cases.
Key points
- A death in custody refers to deaths of individuals while in state custody where culpability is suspected.
- Handling of these cases is managed by the Special Crime Division within the CPS.
- Independent investigations are mandated for deaths in custody, typically led by the Independent Office for Police Conduct.
- Charges in death in custody cases are reviewed by Senior Specialist Prosecutors accredited by the DPP.
- Professional training and standards are crucial for assessing police conduct in these cases.
- Bereaved families are engaged throughout the prosecution process for clarity and support.
Public-interest factors
- Seriousness of the offence
- Victim impact
- Public confidence in the justice system
- Potential for future risks
- Capacity for rehabilitation
This is a factual digest of guidance published by the Crown Prosecution Service. Digested 2026-07-15. BlueLineHub is independent and not affiliated with the CPS.