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Report of the Inquiry into the circumstances of the Death of Bernard ...

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Recommendations<br />

16.21 I recommend that:<br />

<strong>the</strong> Prison Service considers issuing fur<strong>the</strong>r guidance on disclosure in cases<br />

where <strong>the</strong> police are investigating allegations <strong>of</strong> assault involving prisoners and<br />

prison staff.<br />

In particular, where <strong>the</strong> Prison Service declines to investigate possible<br />

misconduct by staff because <strong>of</strong> a related police investigation, I recommend that<br />

<strong>the</strong>re is a presumption that information that would have been material to a<br />

conduct investigation should be disclosed to <strong>the</strong> police.<br />

I recommend that <strong>the</strong> Prison Service ensures that reports <strong>into</strong> <strong>the</strong> <strong>circumstances</strong><br />

<strong>of</strong> a death in prison are brought to <strong>the</strong> attention <strong>of</strong> all <strong>the</strong> establishments<br />

mentioned in <strong>the</strong> report’s findings or conclusions so that any appropriate action<br />

can be taken and any lessons learned.<br />

135

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