Post Incident Management Course

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1 Post Incident is a command and control mechanism used primarily by the police service during major or critical incidents that have an element of reputational risk to the organisation, typically police shootings or other events that lead to the death of a person through police contact. This process can be very effectively applied to private organisations in similar circumstances i.e. commercial vehicle operators involved in fatal road traffic collisions, particularly where the incident is news worthy and may attract negative press and therefore reputational risk to the organisation. Further, prosecutions resulting from such an incident might not be limited to just the driver, but could permeate through the organisation to the senior management team in the form of a Corporate Manslaughter suit. Post Incident is therefore the process of limiting or minimising the adverse impact, potential disruption and reputational harm caused by such an event, followed by a swift return to business as usual. Like any organisation, the police service is not infallible and mistakes and procedural errors are often made at the very outset of a fatal collision investigation. These procedural errors however, frequently and unfairly benefit the investigation process whilst having an irreparable or even fatal impact on the defence case. For instance, the provisions of the Police and Criminal Evidence Act and the Codes of Practice annexed to it set out strict guidelines on arrest criteria and the interviewing of suspects, but these provisions have been woefully observed since the Acts inception in

2 Investigating officers know that obtaining early accounts from suspects are valuable to the prosecution as they are viewed in court as more likely to be accurate. These early accounts however, are often obtained from drivers who are in shock and/or suffering other physical injuries that they may not be aware of. Interviews conducted in such circumstances could be unlawful, but as drivers are often confused by the investigation process they frequently divulge information that may appear on the surface to be innocuous, idle chit chat even, but which when introduced into the précis of the investigation, provides a more compelling case for the prosecution. An example would be questions about a drivers home life, sleeping and drinking habits, even the length of their journey to work, the time they get up to shower and prepare for work, all of which when added to tachograph data provide a more damning case for the defendant than might be presented had they taken timely legal advice. Legal advice however, is usually only available once a driver has been arrested and is at a police station awaiting interview and certainly after the driver has provided a reply to the police caution and other voluntary comments, which once said, cannot be unsaid. Arrests themselves are frequently unlawful with regard to the arrest criteria used and the necessity test, and although the police service has recently gone through some retraining, the issue still persists. It should rarely be the case that a domestic lorry driver, who will carry a significant number of identity documents with him and be driving a vehicle belonging to a bona fide operator, should suffer arrest. 2

3 Unfortunately however, this is not always the case, but the police as an accountable public body should stand the test of scrutiny and can be influenced in their decision making process by appropriately knowledgeable and skilled professionals. The role of the Post-incident Manager therefore, is to act as an interface with the police investigation team, usually via the Senior Investigating Officer whilst also ensuring the welfare of all employees involved in the incident. Key responsibilities of the Post-Incident Manager will include: Ensuring the removal of the driver and any other employees from the scene, to a suitable environment, at the earliest opportunity. Ensuring the recovery of the vehicle and/or load from the scene to a suitable environment, at the earliest opportunity. Monitoring police actions to ensure accurate and fair application of the law. Ensuring an accurate, factual account is obtained at the earliest opportunity. Advising and securing note-taking and debriefs. Managing the media response. Securing and managing appropriate levels of welfare support and legal advice as may be necessary. Providing expert support to the investigation team and providing any additional practical assistance. As part of the wider management process in private organisations, post incident management should be followed by post-incident analysis where the causes can be determined, despite any control measures currently in place. This analysis should be carried out in conjunction with the organisations senior management team, with the view of preventing repetition of the incident through precautionary measures and often changes in policy.. 3

4 This information is then used as feedback to further develop the response plan and/or its practical implementation, as well as informing a higher level of contingency planning, exercise and training, as well as an evaluation of the management of the incident. Post Incident for Managers This course will fully prepare those members of staff who are likely to respond to a Killed or Serious Injury (KSI) collision on behalf of the company and equip them with the relevant knowledge and skills for them to be able to: Manage themselves within a collision scene. Act as liaison between the Company and the Police. Understand the police investigation process in accordance with the College of Policing Approved Professional Practice. Understand the law relating to standards of driving. Understand the law relating to drink and drug driving. Challenge and influence police action(s) through informed arguments with a view to: o Ensuring the removal of the driver and any other employees from the scene, to a suitable environment, at the earliest opportunity. o Ensuring the recovery of the vehicle and/or load from the scene to a suitable location at the earliest opportunity. o Protecting the reputation of the Company o Minimising potential for successful prosecution of the driver and Company Ensuring an accurate, factual account is obtained at the earliest opportunity. Advising and securing note-taking and debriefs. Managing the media response. Securing and managing appropriate levels of welfare support and legal advice as may be necessary. Providing expert support to the investigation team and providing any additional practical assistance. 4

5 Post Incident for Drivers (Driver CPC) This course will fully prepare commercial vehicle drivers with the knowledge and skills necessary to enable them to manage themselves in the immediate aftermath of a Killed or Serious Injury (KSI) collision with regard to: Managing themselves within a collision scene. Driver s duties at the collision scene. Understanding the effects of shock. Understanding initial police action at a KSI scene in accordance with the College of Policing Approved Professional Practice. Understanding the relevance of the police caution. Identifying whether they are being considered as a suspect or witness. Understanding the importance of voluntary statements. Understanding the importance of having early support from a senior company colleague or staff association representative and the procedure to obtain this. Understanding the law relating to standards of driving. Understanding the law relating to drink and drug driving. Duration Post Incident for Managers - 1 day course Post Incident for Drivers (CPC) 1 day course Certification All delegates will receive a certificate of attendance and/or Driver CPC Certificate, as appropriate Venue Training can either be conducted at your premises or other training/conference facility Costs Costs are negotiable Contact Steve Rounds on or ; steve@steverounds.co.uk 5