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

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

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ANNEX 1<br />

TERMS OF REFERENCE 1<br />

1. To enquire <strong>into</strong> <strong>the</strong> <strong>circumstances</strong> surrounding <strong>the</strong> death <strong>of</strong> <strong>Bernard</strong> (Sonny) Lodge<br />

at HMP Manchester on 28 August 1998 in accordance with Article 2 <strong>of</strong> <strong>the</strong> ECHR<br />

drawing on<br />

evidence ga<strong>the</strong>red in <strong>the</strong> Prison Service investigation<br />

additional documentary and oral evidence at <strong>the</strong> discretion <strong>of</strong> <strong>the</strong> Investigation<br />

Chair,<br />

and to take <strong>into</strong> account <strong>the</strong> issues identified by <strong>the</strong> Investigation Chair’s Provisional<br />

List <strong>of</strong> issues attached to <strong>the</strong>se terms <strong>of</strong> reference and dated 3 December 2007.<br />

2. The purpose <strong>of</strong> <strong>the</strong> Investigation is:<br />

to examine <strong>the</strong> care afforded to Mr Lodge by <strong>the</strong> Prison Service in <strong>the</strong> period leading<br />

to his death, in order to identify any deficiencies that may have had an influence on<br />

his death and to help prevent such tragedies in future.<br />

3. The Investigation should seek to engage Mr Lodge’s family members as participants<br />

in <strong>the</strong> Investigation.<br />

4. The Chair may make recommendations to <strong>the</strong> Director <strong>of</strong> High Security Prisons in<br />

her report in respect <strong>of</strong> <strong>the</strong> Investigation’s findings, which may include issues relating<br />

to procedures or <strong>the</strong> conduct <strong>of</strong> individuals that <strong>the</strong> Chair considers ought to be<br />

included.<br />

5. A draft Investigation <strong>Report</strong> will be made available to <strong>the</strong> Director <strong>of</strong> High Security<br />

Prisons in <strong>the</strong> Prison Service and <strong>the</strong> representatives for Mr Lodge’s family so that<br />

any factual inaccuracies may be addressed before final publication.<br />

6. The Investigation <strong>Report</strong> is to be presented to <strong>the</strong> Director <strong>of</strong> High Security Prisons<br />

in <strong>the</strong> Prison Service. The report will be provided to Mr Lodge’s family and become a<br />

public document.<br />

7 The investigation should address in its written procedures appropriate arrangements<br />

for <strong>the</strong> handling <strong>of</strong> sensitive information such as (but not limited to) identification <strong>of</strong><br />

vulnerable prisoners or intelligence sources.<br />

1 The terms <strong>of</strong> reference and <strong>the</strong> procedure were adopted before <strong>the</strong> investigation was converted to a<br />

statutory inquiry. The inquiry departed from <strong>the</strong>m where required to do so to comply with <strong>the</strong> Inquiries Act<br />

2005 and <strong>the</strong> <strong>Inquiry</strong> Rules 2006.<br />

188

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