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| Greater Manchester police charged over shooting of Anthony Grainger | |
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| A police marksman who shot dead an unarmed man will not face charges, prosecutors have announced, but his force will be prosecuted for breaching the health and safety at work act. | A police marksman who shot dead an unarmed man will not face charges, prosecutors have announced, but his force will be prosecuted for breaching the health and safety at work act. |
| Anthony Grainger, 36, died from a single shot to the chest as he was sitting in the driver's seat of a car in Culcheth, Cheshire, on the evening of 3 March 2012. | Anthony Grainger, 36, died from a single shot to the chest as he was sitting in the driver's seat of a car in Culcheth, Cheshire, on the evening of 3 March 2012. |
| On Thursday the Crown Prosecution Service said it would prosecute Greater Manchester police (GMP) over the death. The CPS said poor police planning meant the suspects were exposed to unnecessary risk. | On Thursday the Crown Prosecution Service said it would prosecute Greater Manchester police (GMP) over the death. The CPS said poor police planning meant the suspects were exposed to unnecessary risk. |
| The CPS said the prosecution under the health and safety at work act would be brought against Sir Peter Fahy, in his role as GMP's chief constable. If found guilty GMP would face a fine. | The CPS said the prosecution under the health and safety at work act would be brought against Sir Peter Fahy, in his role as GMP's chief constable. If found guilty GMP would face a fine. |
| The incident was investigated by the Independent Police Complaints Commission, which did not find any firearms or weapons in the vehicle. None were found on Grainger. | The incident was investigated by the Independent Police Complaints Commission, which did not find any firearms or weapons in the vehicle. None were found on Grainger. |
| The shooting followed a planned police operation to arrest a group of men suspected of conspiracy to commit armed robbery. The CPS said it considered charges against the police marksman who fired the fatal shot. The officer, who was interviewed under criminal caution, has said he was acting in self-defence. | The shooting followed a planned police operation to arrest a group of men suspected of conspiracy to commit armed robbery. The CPS said it considered charges against the police marksman who fired the fatal shot. The officer, who was interviewed under criminal caution, has said he was acting in self-defence. |
| The CPS said it considered charges of murder, gross negligence manslaughter or misconduct in public office. But after consideration by top lawyers including Alison Saunders, the director of public prosecutions, the CPS decided a jury would most likely acquit the officer. | The CPS said it considered charges of murder, gross negligence manslaughter or misconduct in public office. But after consideration by top lawyers including Alison Saunders, the director of public prosecutions, the CPS decided a jury would most likely acquit the officer. |
| The CPS said: "Any prosecution for murder would require the CPS, amongst other elements, to prove beyond reasonable doubt that (a) the officer did not honestly believe it was necessary to use force and (b) that the force used was disproportionate in the circumstances as the officer believed them to be. | The CPS said: "Any prosecution for murder would require the CPS, amongst other elements, to prove beyond reasonable doubt that (a) the officer did not honestly believe it was necessary to use force and (b) that the force used was disproportionate in the circumstances as the officer believed them to be. |
| "In the circumstances of this case, our assessment of the evidence is that a jury would accept that the officer did believe his actions were necessary and that the level of force used in response to the threat as he perceived it to be was proportionate." | "In the circumstances of this case, our assessment of the evidence is that a jury would accept that the officer did believe his actions were necessary and that the level of force used in response to the threat as he perceived it to be was proportionate." |
| The first hearing in the health and safety case against GMP will be on 10 February at Westminster magistrates court. | The first hearing in the health and safety case against GMP will be on 10 February at Westminster magistrates court. |
| In its statement the CPS said: "Anthony Grainger, 36, was shot and killed by an officer of Greater Manchester police on 3 March 2012 during a planned operation to arrest a group of men on suspicion of conspiracy to commit armed robbery. Mr Grainger was not armed when he was fatally shot. An independent investigation was then undertaken into the actions of the officers involved in the planning, approval and conduct of the operation." | In its statement the CPS said: "Anthony Grainger, 36, was shot and killed by an officer of Greater Manchester police on 3 March 2012 during a planned operation to arrest a group of men on suspicion of conspiracy to commit armed robbery. Mr Grainger was not armed when he was fatally shot. An independent investigation was then undertaken into the actions of the officers involved in the planning, approval and conduct of the operation." |
| The CPS explained the charge against GMP: "It is alleged that an unnecessary exposure to risk was caused by serious deficiencies in the preparation for the police operation." | The CPS explained the charge against GMP: "It is alleged that an unnecessary exposure to risk was caused by serious deficiencies in the preparation for the police operation." |
| Saunders said: "In addition to every employer's responsibility towards their employees, the law also imposes a duty to ensure that work is carried out in a way that ensures, so far as is reasonably practicable, that persons outside of their employment are not exposed to risk. The chief officers of police forces are treated as employers for this purpose. It is alleged that there were serious deficiencies in the preparation for this operation that unnecessarily exposed individuals to risk." | Saunders said: "In addition to every employer's responsibility towards their employees, the law also imposes a duty to ensure that work is carried out in a way that ensures, so far as is reasonably practicable, that persons outside of their employment are not exposed to risk. The chief officers of police forces are treated as employers for this purpose. It is alleged that there were serious deficiencies in the preparation for this operation that unnecessarily exposed individuals to risk." |
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