Car failed to stop for police prior to collision with pedestrians - Greater Manchester Police, February 2022
On 20 February 2022, a police officer from Greater Manchester Police saw a BMW car being driven at speed on the M60, Greater Manchester motorway network. The officer followed the BMW car with the intention of stopping the vehicle and issuing a Traffic Report Offence. Both vehicles exited the M60 motorway and the officer activated their police car's emergency lights and sirens and attempted to stop the BMW car on Stockport Road, Greater Manchester. The BMW vehicle failed to stop and a short pursuit ensured, lasting approximately one minute and 50 seconds.
The pursuit continued through Stockport Road, Manchester Road and Wilmslow Road, leading up to the A34 Junction of Kingsway. The BMW vehicle maintained significant ground on the police car throughout the pursuit. The officer lost sight of the BMW car as it entered the A34 Junction of Kingsway and upon reaching the junction, realised the BMW car had collided with two pedestrians.
Medical care was provided at the scene but one of the pedestrians died at the scene. The second pedestrian was transported to hospital for medical treatment, but died from their injuries 12 days after the incident occurred.
We attended the scene and conducted a detailed examination. We conducted witness appeals and identified and secured all available CCTV evidence capturing the incident. Witness statements were obtained from four members of the public who witnessed the collision and assisted with medical care at the scene.
We reviewed CCTV footage, in-car dashcam footage and radio transmissions from the incident.
Accounts from the officer involved were considered and analysed in line with their training records and Police driving guidance.
During the investigation there was no indication any police officer may have behaved in a manner that would justify the bringing of disciplinary proceedings or committed a criminal offence.
Our investigation concluded in November 2022, but we waited for all external proceedings to be finalised before publishing our findings.
An inquest into the man's death was held in August 2023.
We carefully considered whether there were any learning opportunities arising from the investigation. We make learning recommendations to improve policing and public confidence in the police complaints system and prevent a recurrence of similar incidents.
In this case, we identified national learning.
IOPC reference
Recommendations
The IOPC recommends that the National Police Chiefs’ Council (NPCC) and College of Policing review the current Roads Policing and Post-Incident Procedure Authorised Professional Practice guidance to include that preliminary tests must be required from police drivers under s6-6D Road Traffic Act 1988 where the power to require them arises under s6(5).
This follows an IOPC investigation where we identified that the police pursuit driver involved did not undergo preliminary tests after the pursued vehicle had crashed with two pedestrians. Where an accident occurs owing to the presence of a motor vehicle on a road or other public place s6-6D of the Road Traffic Act 1988 permit constables to require preliminary tests for alcohol, drugs and/or impairment. There is no need for the police vehicle to have been physically involved in the accident for, as a matter of law, it to have occurred due to the police vehicles presence on the road.
There is currently no national position from the NPCC or the College of Policing as to whether breath testing must be carried out in such cases. Road Traffic Fatalities involving police vehicles are a major cause of deaths arising from police contact [Annual deaths during or following police contact - Data tables (ODS format) - 2020-21]. The investigation has found that forces across England and Wales have different local positions on whether they require preliminary tests in these circumstances, resulting in inconsistency in practice. Failure to require tests where the power to required them arises may undermine public confidence in the impartiality of investigations in such cases. A national position would aim to remove these inconsistencies and increase public confidence in the investigation process.
No response received.