IOPC calls for ‘speed cap’ after officer jailed for causing death by dangerous driving

Shante Daniel-Folkes, 25, died after being struck by a marked police car driven by PC Nadeem Patel who responding to an emergency call on the southbound A203 Stockwell Road on June 9, 2021.

PC Patel, 28, who drove at a top speed of 83.9mph on the night of the collision, had previously pleaded guilty to causing death by dangerous driving and was jailed for three years and disqualified from driving for 54 months on February 24, 2023.

He was dismissed without notice after an accelerated misconduct hearing on May 4 and placed on the College of Policing’s barred list.

His sentencing could not be reported until the conclusion of the trial of colleague PC Gary Thomson, 31, who was driving a marked police car ahead of PC Patel’s vehicle.

On Monday (August 7) PC Thomson was convicted of careless driving by a jury at the Old Bailey following a four-day trial in relation to the same incident.

He was fined £500 plus court costs and had five points put on his driving licence.

The Independent Office for Police Conduct (IOPC), which conducted an investigation into the collision, has now recommended that a policy on speed caps should be created for officers responding to incidents.

The Crown Prosecution Service (CPS) said Ms Daniel-Folkes was walking across the road around 11.20pm close to a pedestrian crossing next to a convenience store when PC Thomson’s vehicle passed her with its emergency lights and siren activated.

Around three to four seconds later, Ms Daniel-Folkes continued to cross and was struck by PC Patel’s vehicle. He had earlier switched off his front emergency lights so to not affect PC Thomson’s vision in the lead vehicle but did have his siren activated.

“Although exempt from the 30mph limit, PC Patel reached a peak speed of 83.9mph on Stockwell Road just 115m from the car’s final stopping point,” the CPS said. “The car was travelling around 55mph at the time of the collision after PC Patel braked for two seconds from a speed of more than 81mph.

“The vehicle being driven by PC Thomson also passed Ms Daniel-Folkes at speeds between 70-79mph, and the prosecution was able to prove that he also drove at an excessive speed for a significant distance.”

Despite the efforts of officers and paramedics who provided first aid, Ms Daniel-Folkes died at the scene.

In his sentencing remarks the judge told PC Patel he was driving at a “grossly excessive speed” and that his manner of driving, namely a short distance behind PC Thomson’s vehicle with his vehicle’s front blue lights inactive, had further increased the risk.

The MPS said now that the criminal case has concluded, misconduct proceedings will take place in respect of PC Thomson.

Commander Seb Adjei-Addoh, in charge of policing in Lambeth, said: “My thoughts and condolences are with the family of Shante Daniel-Folkes. The circumstances are tragic and have brought upset to our communities in Lambeth.

“Our police community engagement team will be working hard to listen and respond to local concerns stemming from this incident and trial verdict over the coming days.”

Rosemary Ainslie, head of the CPS Special Crime Division, said: “Our thoughts remain with the family and friends of Shante Daniel-Folkes following this avoidable tragedy.

“Both officers, although not bound by the 30mph speed limit while responding to a 999 call, were driving at motorway speeds in a built-up urban area, with a number of potential hazards in the vicinity.

“These included pedestrians, cyclists, and cars travelling in the other direction, as well as an open convenience store directly at the scene and a nearby pub in which 30-40 customers were present for a quiz night.

“There was an obvious risk of injury to a person from vehicles travelling at that speed in the dark, and both officers fell below the expected standard of a competent and careful driver that evening.

“PC Patel admitted causing the death of Ms Daniel-Folkes by driving dangerously and I hope his sentence, along with the verdict for PC Thomson, offers some comfort to her family at this extremely difficult time.”

The IOPC said following a mandatory referral from the MPS, it independently investigated the manner of driving by both officers, who were based at the Central South Command Unit.

They were responding to a report to police of a man in Herne Hill acting erratically, throwing rubbish into the road and a woman running away from him.

“We obtained, reviewed and pieced together CCTV footage which showed the two police vehicles travelling towards the incident along South Lambeth Road, Clapham Road and Stockwell Road, up until the collision with Ms Daniel-Folkes,” said the IOPC. “We reviewed the officers’ body-worn video and police radio transmissions.

“We also obtained video recorded interviews and statements from witnesses, interviewed the two officers under criminal caution, commissioned an expert collision report and analysed data from the ‘black boxes’ in both police vehicles.”

PC Patel was trained as a response driver in November 2019 and in April 2020 passed an additional MPS driver training course which included a specific element on driving in convoy.

On conclusion ofits investigation in May 2022, the IOPC passed a file of evidence to the CPS, which authorised charges against the officers.

IOPC director Amanda Rowe said: “This incident has had a devastating impact on the lives of Shante Daniel-Folkes’ family and friends and our sympathies remain with them and all those affected by this.

“PC Patel drove at excessive speeds at night-time throughout busy South London streets and, though he was responding to a report of an emergency incident, it does not excuse his dangerous driving behaviour which tragically resulted in a young woman’s death.

“The convictions of these officers shows that they have been held accountable.”

The IOPC said its investigation also identified potential learning for the MPS around creating a policy on speed caps for officers responding to incidents, and whether such caps could improve safety.

It added: “We consulted with the force on this learning and, following the conclusion of this case, we now plan to make a formal learning recommendation to the force on a speed cap policy, to which the force would be required by law to respond.

“We also recommended the MPS review its current practices when officers are driving in convoy/tandem while responding to incidents. The MPS accepted our recommendation and made changes to its policy and training.”

As part of his sentencing, PC Patel was also banned from driving for three years once released from prison.