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Evening Standard
Evening Standard
World
Tristan Kirk

Coroner calls for action after rape suspect killed himself when charged by post

A man killed himself after he was sent a letter in the post revealing he was going to be charged with rape, an inquest has heard.  

Nicholas Leger, 32, spent five months under investigation before the Crown Prosecution Service decided to prosecute him.

The Metropolitan Police knew he had tried to take his own life when he was first accused of rape, and he had spoken about mental health struggles during the prolonged criminal investigation.

Despite signs of risk, Mr Leger, who worked in animation, was not arrested and charged but instead was sent a letter - known as a postal requisition – informing him of the rape charge and telling him to attend court in March this year.

The Hackney resident took his own life on February 20, days after the letter was sent and shortly after his solicitor told him of the criminal case he was about to face. The postal requisition letter had not arrived at the time of his death.

Assistant Coroner Adam Smith, who oversaw the inquest into Mr Leger’s death at St Pancras Coroner’s Court, has now sounded the alarm over serious crimes being charged by post, warning of future deaths and calling on police forces around the country to reform the system.

“There is an obvious risk of individuals in the future taking their own lives as a result of being charged by way of a postal requisition”, he said.

The Coroner said the Metropolitan Police investigating officer in Mr Leger’s case knew he had attempted suicide shortly after he was accused of rape in March 2022, while the suspect also mentioned mental health struggles when he was questioned by police in November last year.

However a fresh assessment of his mental state was not carried out before the postal requisition was sent, without any advance warning.

The coroner pointed out Mr Leger – who is understood to have denied the rape allegation – had been released under investigation (RUI’d) for nearly six months and suddenly faced a charge which carried a maximum penalty of life in prison.

“When a person who has been RUI’d is charged, standard practice is for that charge to be communicated to them via a postal requisition with no advance warning”, he wrote.

“This is the case regardless of the offence, or seriousness of the offence, with which they are being charged.”

The coroner said in exceptional circumstances a suspect can be mentally assessed before the postal requisition is sent, but only is the investigating police officer finds out one is needed.

“Whilst there are formal procedures to assess an individual’s mental health and risk of self-harm or suicide when they attend a police station for interview, once they have left the police station there are no such formal procedures”, said the coroner.

“Being charged with any criminal offence, especially one which carries the potential for a custodial sentence, can, self-evidently, have a significant deleterious effect on an individual’s mental health.

It appears to me that, in the absence of a formal mechanism to assess, at the time of being charged, an individual’s mental health and risk of suicide or self-harm, there is an obvious risk of individuals in the future taking their own lives as a result of being charged by way of a postal requisition.”

The coroner added that suspects can be released under investigation for months or even years before a charging decision is taken, while postal requisition “is now routinely used to bring most criminal charges”.

Mr Leger’s criminal case was briefly before Thames magistrates court, before the rape charge was discontinued due to the defendant’s death.

The Metropolitan Police – responding to the report – said a new policy is being put forward, to take effect in April next year, that investigating officers complete risk assessments before any postal requisition is sent.

The College of Policing said law changes have reduced the use of RUI, especially for serious sexual offences, and it is now “far less likely” that suspects like Mr Leger would not be on police bail.

The Coroner recorded a verdict of death by suicide.

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