Inquest into the death of Stanley Leonard RUSSELL

Contributing factors

• inadequate risk assessment by police prior to executing warrant
• failure to access and review underlying COPS event details despite accessing warnings
• absence of formal planning for warrant execution
• failure to communicate with person being arrested or facilitate voluntary attendance
• officers unaware of intellectual disability and prior trauma
• confined space search without adequate role allocation
• none of four officers wearing and activating body-worn video cameras appropriately
• no Aboriginal Community Liaison Officer engaged despite high First Nations population in Blacktown
• inadequate cultural competency training for involved officers
• failure to involve advocacy services (Justice Advocacy Service, Aboriginal Legal Service)
• failure to consider alternatives to forcible arrest

Coroner's recommendations

1. Update Body-Worn Video Standard Operating Procedures to clearly specify when officers must turn BWV to recording mode versus standby, and clarify scope of discretion not to record
2. Ensure Aboriginal Community Liaison Officer (ACLO) is engaged at Blacktown Police Area Command and other communities with high First Nations populations
3. Require police in relevant commands to complete Aboriginal cultural competency training including specific training on ACLO roles and assistance
4. Identify appropriate ways for ACLOs to be involved prior to execution of arrest warrants on First Nations people and specify in role descriptions and training
5. Introduce policy requiring officers to record suspected intellectual disability on COPS against individual's profile
6. Before executing bench warrant by entering home, officers must consider available warnings and information regarding intellectual disability, mental health issues, vulnerabilities, self-harm history, violence risk, and weapon use history
7. Use gathered information in deciding whether to enter premises or attempt arrest, and if proceeding, plan operation to minimise harm
8. Consider alternatives to arrest for bench warrants where intellectual disability indicated, including direct/indirect contact to encourage voluntary attendance and information gathering through advocacy services
9. NSWPF work with Justice Advocacy Service to establish procedure whereby police contact JAS before executing bench warrant if JAS has notified police of involvement with person
10. NSW Police Commissioner and Aboriginal Legal Service jointly develop warrant execution procedure for Aboriginal and Torres Strait Islander defendants to encourage voluntary hand-in ('Stanley Protocol'), including fixed period for warrant postponement, mandatory notification to ALS within fixed timeframe, ALS communication with person, ACLO involvement, and clearly defined circumstances for exceptions