One of Britain’s top judges has called for a review of police 999 speeds after an officer was jailed for three years for running over and killing a woman during an emergency call-out.
PC Nadeem Patel, 28, was driving at more than 80mph before his police car struck and killed Shante Daniel-Folkes, 25, as she crossed Stockwell Road in Brixton.
Moments earlier, a second police car driven by PC Gary Thomson had sped past Ms Daniel-Folkes and narrowly missing her as she negotiated the road crossing.
At PC Patel’s sentencing hearing, Judge Mark Lucraft KC, the Recorder of London, said the officer was not bound by the 30mph speed limit due to his role as an officer responding to an emergency, but noted that the speed he was travelling was “grossly excessive”.
Watch: shocking footage released by the Independent Office for Police Conduct shows up to the moment Shante Daniel-Folkes was killed by PC Nadeem Patel. pic.twitter.com/OhlF23DIIy
— Evening Standard (@standardnews) August 7, 2023
At Thomson’s sentencing hearing on Monday, the judge said: “I note there is no clear guidance provided by the Metropolitan Police on speeds police cars should not exceed in responding to emergency calls when driving in residential areas or roads subject to a speed limit of 30mph.
“In my judgment further thought should be given to this issue particularly as the speed limits in many residential areas are being further reduced to 20mph.
“Driving at speeds in excess of motorway speeds along roads with the characteristics of Stockwell Road, whist classified as an A road, poses obvious risks.”
PC Patel, 28, pleaded guilty in February to causing death by dangerous driving and was jailed for three years.
Reports of his sentencing hearing were delayed to allow for Thomson’s trial, at which the 31-year-old was cleared of dangerous driving but convicted of the lesser offence of careless driving.
PC Thomson was fined £500 and given five penalty points, and must also pay costs of £500.
The incident happened on June 9, 2021, when Ms Daniel-Folkes was crossing the road at around 11.20pm and PC Thomson’s car came passed 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.
The court heard Patel had switched off his front emergency lights so to not affect Pc Thomson’s vision in the lead vehicle but did have his siren activated.
He was travelling at 55mph at the time of the crash, having braked sharply from a speed of 83mph two seconds earlier.
In sentencing, Judge Lucraft referred to “very moving impact statements” from Ms Daniel-Folkes’ family.
“Shante is described as kind, funny, loving, and very creative. She is described as bubbly and carefree – a lover of life and someone who was ambitious”, he said.
“She loved fashion and design. She was a mentor, an artist, a certified nail technician looking forward to opening her own salon and to a bright future for herself and her young son who she adored. She was much loved by all who knew her.
“The family are devastated by the loss of Shante. They express a numb and empty feeling at Shante’s loss and speak about the long-lasting impact on the family and that on Shante’s young son in particular – a son she will not see grow up and make his own way in life.”
Rosemary Ainslie, of the Crown Prosecution Service, 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 today’s verdict for PC Thomson, offers some comfort to her family at this extremely difficult time.”
The IOPC said its investigation identified potential learning for the Met police around creating a policy on speed caps for officers responding to incidents, and whether such caps could improve safety.
It consulted with the force and now plans to make a formal learning recommendation on a speed cap policy.
The police watchdog also recommended the Met review its current practices when officers are driving in convoy or tandem while responding to incidents. The MPS accepted the recommendation and made changes to its policy and training, the IOPC said.
In May 2023, following an accelerated misconduct hearing, Pc Patel was dismissed with immediate effect from the Met and placed on the College of Policing’s barred list - meaning he cannot serve again as an officer.
The IOPC found Pc Thomson had a case to answer for gross misconduct in relation to his driving prior to the collision and, following the verdict, it will progress misconduct proceedings against him with the Met Police.
Commander Seb Adjei-Addoh, who is in charge of the Met’s 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.”
