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Greater Manchester Police chief charged over shooting Greater Manchester Police chief faces shooting charges
(35 minutes later)
The Chief Constable of Greater Manchester Police (GMP) is to be prosecuted for safety breaches after an unarmed man was shot dead in Cheshire. The Chief Constable of Greater Manchester Police (GMP), Sir Peter Fahy, is to be prosecuted for health and safety breaches after an unarmed man was shot dead in Cheshire.
Anthony Grainger, 36, was shot in the chest after the car he was in was stopped in Culcheth on 3 March 2012.Anthony Grainger, 36, was shot in the chest after the car he was in was stopped in Culcheth on 3 March 2012.
The Crown Prosecution Service (CPS) said there was "sufficient evidence to prove that GMP breached the Health and Safety at Work Act", with Sir Peter Fahy facing the charge. The Crown Prosecution Service believes there is "sufficient evidence" to prove that GMP broke health and safety laws.
GMP said it noted the decision. The force said it noted the decision to prosecute Sir Peter.
Armed police Prosecutors have decided that the marksman who killed Mr Grainger should not face charges for murder, manslaughter or misconduct in public office because a jury would be likely to accept that he believed his actions were necessary.
A CPS spokesman said: "It is alleged that there were serious deficiencies in the preparation for this operation that unnecessarily exposed individuals to risk." The GMP operation in which Mr Grainger was shot involved armed officers stopping an Audi in a car park. The vehicle was stolen and had false registration plates.
The operation, carried out by GMP officers, involved armed police stopping an Audi in a car park. The vehicle had been stolen and had false registration plates. 'Serious deficiencies'
A bullet fired by an officer passed through the windscreen and hit Mr Grainger, from Bolton.A bullet fired by an officer passed through the windscreen and hit Mr Grainger, from Bolton.
A CS canister was also deployed by one of the firearms team.
It later emerged that the unarmed father of two had earlier been wrongly suspected of stealing a memory stick containing the names of police informants.It later emerged that the unarmed father of two had earlier been wrongly suspected of stealing a memory stick containing the names of police informants.
Prosecutors decided the marksman who killed Mr Grainger should not face charges for murder, manslaughter or misconduct in public office because a jury would be likely to accept that he believed his actions were necessary. A CPS spokesman said: "It is alleged that there were serious deficiencies in the preparation for this operation that unnecessarily exposed individuals to risk."
Sir Peter is accused of failing to discharge a duty under the Health and Safety at Work Act as he is "corporation sole" for the force, the CPS added.
This is a legal status and means that he does not share criminal liability or will personally have to appear in court.
A GMP spokesman said it was "important that these legal processes are allowed to take their course unimpeded in order to seek a resolution for both the family of Mr Grainger and the force".
Unlimited fineUnlimited fine
The Independent Police Complaints Commission (IPCC) is currently investigating his death and will not publish its findings until after legal proceedings have ended. The Independent Police Complaints Commission (IPCC) is currently investigating the death but will not publish its findings until the legal proceedings have ended.
An initial hearing will be held at Westminster Magistrates' Court on 10 February, the IPCC confirmed. An initial hearing will be held at Westminster Magistrates' Court on 10 February, the IPCC said.
If the conviction is successful, the force would face an unlimited fine. If the conviction is successful, the force could face an unlimited fine.
The BBC's home affairs correspondent Danny Shaw said British police forces had been successfully prosecuted for health and safety breaches in the past.The BBC's home affairs correspondent Danny Shaw said British police forces had been successfully prosecuted for health and safety breaches in the past.
London's Metropolitan Police was found guilty of endangering the public when officers mistakenly shot Jean Charles de Menezes at Stockwell Tube station in July 2005. The Metropolitan Police force was found guilty of endangering the public when officers mistakenly shot Jean Charles de Menezes at Stockwell Tube station in south London in July 2005.